BUDHURAM GHANA AND ORS. Vs. MANDARI BEWA

JUDGEMENT

(1.) ONE Mohan had four sons Baikuntha (dead), Budhuram (second party No. 1), Khetramohan (dead) and Karunakar (second party No. 2). Pratap (second party No. 3) is the son of Baikuntha. Mandari Bewa (first party) is the widow of Khetramohan. Kailash (second party No. 4) is the son of Karunakar. The member of the first party filed an application under Section 145, Code of Criminal Procedure on 30th of May, 1970 alleging that in a family partition during the life time of her husband the disputed land was allotted to her husband 's share. The disputed land was described by her as one acre of land. In that petition she alleged that on 28 -5 -1970 members of the second party sowed paddy and she was unable to keep the disputed land in her possession. The learned Magistrate called for a report from the Officer -in -charge, Raruan P.S. who submitted it on 22nd of January, 1971. The preliminary order was passed on 27 -1 -1971. The disputed land as appears from the preliminary order is one acre twelve decimals in plot No. 127 in Khunti No. 80 of village Haladia.

(2.) MR . B. Ray for the Petitioners raised the following contentions:

(3.) THE contention of Mr. Ray that dispossession being on 30 -5 -1970 and the preliminary order having been passed on 27 -1 -1971, the order declaring possession in favour of the first party is contrary to Section 145(4), second proviso, requires closer examination.