BHADRA KUA AND ORS. Vs. SATRUGHNA ATI

JUDGEMENT

(1.) IN a proceeding under Section 145, Code of Criminal Procedure possession of the first party, who is opposite party herein, was declared in respect of some agricultural lands. The second party members have come up in revision challenging the correctness of this order.

(2.) THE properties belonged to one Ude Bhuyan who died issueless. Second party members claimed to be his farm -servants and to have remained in possession of the properties after his death. The case of the first party is that after the death of Ude Bhuyan, the lands have been settled by the Gountia with him and one Dhaneswar Rath. The first party bad filed a limit in T.S. No. 19 of 1961 for a declaration of his right to the property and for recovery of possession. The suit was decreed in his favour and possession of the land was delivered to him through Court on 24 -10 -1966. Despite this delivery through Court, the second party members appear to have created disturbance to the first party's Possession, and therefore, a proceeding under Section 145, Code of Criminal Procedure was started, and the preliminary order was passed on 20 -10 -1967. After enquiry, The learned Magistrate declared the first party member to be in possession.

(3.) IN the concluding portion of the order, the Magistrate bas stated -