DURGA CHARAN MOHAPATRA Vs. LOKANATH ACHARYA AND ORS.

JUDGEMENT

(1.) THIS reference made by the Additional District Magistrate, Cuttack, arises out of a proceeding under Section 145, Criminal Procedure Code.

(2.) THE Petitioner Durga Charan Mohapatra was the first party. He was the recorded tenant in respect of the disputed land under the landlord Shyama Sundar Bose. In Execution Case No. 173/40 Kunja Bihari Samantary r(O.P. No. 6, the Tahasildar and agent of the said landlord purchased the property and subsequently on 24 -7 -1963 sold the said property to the other opposite parties 1 to 5.

(3.) IN course of the proceedings, both the parties filed affidavits and documents in support of their respective cases of possession. The learned Magistrate on an appreciation of the evidence declared the possession of the opposite parties i to 5 and directed them to be in possession until evicted in due course of law. Against the said order the 1st party preferred a Criminal Revision (No. 69/64) before the Additional District Magistrate, Cuttack, with a request to recommend to the High Court to set aside the said order.