SESHADEV PADHI Vs. GOUR CHANDRA PADHI

JUDGEMENT

(1.) This revision relates to a 145 Cr. P.C. proceeding in which the Executive Magistrate, Chatrapur declared possession in favor of the second party before it. The preliminary order was passed on 12.11.1984.

(2.) Heard Mr. Patitapabana, learned counsel for the petitioner (first party in the lower court) and Miss Dipali Mahapatra, learned counsel for the opposite party. Perused the impugned order and the documents filed before the lower court.

(3.) The dispute relates to an area of 4.38 decimals of land under Patta Nos. 57, 58, 91 and 92 of village Barupada in the district of Ganjam. The first party claims to have been in Possession of the land as a tenant under the second party, which the second party denies, and in his turn claims to be in possession of the land. The first party filed his written statement. The second party did not file any written statement. No oral evidence has also been adduced in the lower court.