SAIRU SEIKH Vs. SHYAMLAL SARDAR

JUDGEMENT

(1.) These are two petitions for revision of orders passed by a learned Magistrate restraining the petitioners from entering upon two disputed plots of land. The Magistrate purported to act under Section 144 of the Code of Criminal Procedure.

(2.) It seems clear that the disputed land had been held by the opposite party and it is admitted by the petitioners that it was at one time held by the opposite party as a service tenure-holder. According to the opposite party it has been held fey his ancestors for about hundred years or so.

(3.) According to the petitioners the opposite party ceased to perform the services required and abandoned the property. He left the service of the Zamitidar and neither cultivated nor possessed the land for some time. According to the petitioners the 'zamindar then settled the land with them and they entered into possession and ploughed the land and later sowed paddy on it.