SANATAN SAHU Vs. RAGHUNATH KAR

JUDGEMENT

(1.) THE second party in a proceeding under Section 145, Code of Criminal Procedure preferred this revision against the order of the Sub -Divisional officer, Kamakshyanagar, holding the first party to be in possession of the disputed land, and passing other consequential orders in accordance thereof.

(2.) THE undisputed facts are that Chandra Dehuri, the owner of plot No. 62 under Khata No. 20 in village Anantapur, comprising an area of A. o. 16 decimals, sold out of the same only A.o. 08 decimals to the Plaintiff -second party on 7 -2 -1962 by Ext. 2. The remaining A.o. 08 decimals of the said plot were sold by him to the first party in two lots by Exts. A and B dated 7 -2 -1962 and 3 -3 -1962 respectively. The dispute in the proceeding relates to A.o. 04 decimals of land in the middle of the said plot No. 62.

(3.) MR . A.B. Misra, the learned Counsel for the opposite party, first party in the Court below, contended that the act of the second party on 16 -3 -1966 was only a single act of trespass and as such it could not be construed therefrom that the first party was completely dispossessed from his land from that date onwards. According to Mr. Misra, the first party continued in possession of the land in question even after 16 -3 -1966, and as such the finding of the Court below is justified and cannot be interfered with.