UPENDRA KUMAR DHAL Vs. KALANDI CHARAN JENA

JUDGEMENT

(1.) THESE two revisions arise out of Criminal Miscellaneous Case No. 97 of 1979 of the Court of Executive Magistrate, Dhenkanal. With the consent of the learned counsel appearing for the parties, both the cases are heard analogously and his common judgment will govern both of them

(2.) THE proceeding Under Section 145 of the Code of Criminal Procedure ('Code' for short), initiated by the learned Executive Magistrate, is in respect of extensive cultivable lands. The petitioner, who is the first party, claims to be the adopted son of deceased Bichhamali Dhal, widow of late Rusananda Dhal. Kalandi Charan Jena, a member of the second party, is the brother of deceased Bichhamali Dhal. His claim is that his son Copal Chandra Jena ali is Dhal is her adopted son. During the pendency of the proceeding, a receiver was appointed in respect of the subject of dispute. Bichhamali Dhal, herself a member of the second party when alive, made an application to the effect that she was old and starving and so for her maintenance a sum of Rs. 2,000/ - should be given to her. Upendra Kumar Dhal opposed the petition and alternatively prayed that if maintenance of Rs. 2,000/ - would be given to Bichhamali Dhal, an equal amount should also be given to him for maintenance. After hearing both parties, the learned Executive Magistrate by order dated 8 -6 -1983 allowed the petition of Bichhamali Dhal and directed that a sum of Rs. 2,000/ - shoud be paid to her for her maintenance. He refused the alternative prayer of Upendra Kumar Dhal.

(3.) BICHHAMALI Dhal died. A petition was filed by Gopal Chandra Jena alias Dhal, claiming to be her adopted son, for payment of a sum of Rs. 2,000/ - in order to perform her funeral rites the learned Executive Magistrate directed payment of a sum of Rs. 1,2 0, by order dated 25 -5 -1985.