SHEIKH AMIR HAMZE Vs. SHEIKH YAKUK

JUDGEMENT

(1.) This is a petition for revision of an order made by the Sub-divisional Magistrate of Arambagh dated August 30, 1954, by which the opposite party were declared under Sub-section (6) of Section 145 of the Code of Criminal Procedure entitled to possession of plot No. 973 of Mouza Balurdi, police-station Arambagh and orders were made forbidding interference with such possession until eviction in due course of law.

(2.) The case made by the first party, who are the opposite party in this Rule, is to the effect that the disputed land about 5 bighas in area is used by members of Mahomedan public on two occasions in the year, that is to say, during the Iddujoha and Bakrid, festivals. The claim made by the first party is that the members of the Muslim public assemble on the disputed plot in large numbers on those two stated days in the year for the purpose of saying their prayers. It is further alleged that students of the local school also play football there but they are merely licensees. The allegation is that the second party, who are the Petitioners in this Rule, attempted to interfere with the possession of members of the Mahomedan public by cultivating the land. The Petitioners who were the second party to the proceedings denied the allegations made by the first party, particularly the averment that members of the Mahomedan public assemble on the occasion of the festivals mentioned above for the purpose of saying their prayers.

(3.) Evidence was gone into by the learned Magistrate, who upon a consideration of the claims of the respective parties as respects actual possession of the land in dispute, came to the conclusion that the first party had established their case. The result was that the learned Magistrate made an order declaring that "the "Mahomedan public is in actual physical possession of plot 973 "for the purpose of saying Id prayer twice in the year" and as such they were entitled to possession of the plot for the purpose of saying that Id prayer twice annually until evicted in due course of law.