CHANDI KUMAR SARKAR Vs. PROBHAT KUMAR BISWAS

JUDGEMENT

(1.) The petitioner who was the first party in a proceeding under Section 145 Cr. P C. obtained this Rule against the learned Magistrate's order passed under Section 146 (IB) of the Code declaring the opposite party to he entitled to possession of the land concerned and restraining the first party from disturbing such possession except in due course of law.

(2.) On January 7, 1964, the first party applied to the sub-Divisional Magistrate of Barrackpore under Section 144 Cr. P C. The application was sent to the police for enquiry and report and on receipt of the police report the learned Magistrate on being satisfied that there is a dispute concerning land which is likely to cause a breach of peace drew up proceeding under Section 145 of the Code. That was on February 17, 1964. After the parties had filed written statements, documents and affidavits the learned Magistrate considered the matter and came to the finding that he was unable to decide as to which of the parties was in possession of the subject of the dispute. Thereupon he drew up a statement of the facts of the case and forwarded the record of the proceeding to the civil court under Sub-section (1) of Section 146

(3.) The learned munsif of Sealdah on receipt of the reference examined witnesses and decided the question of possession in favour of the second party and the Magistrate on receipt of the finding of the civil Court disposed of the proceeding in conformity with that decision as required under Sub-section (1B) of Section 146 it is the order of the learned Magistrate disposing of the proceeding which is the subject matter of the present Rule.