RABINARAYAN NAIK Vs. DAMBARUDHAR NAIK AND ORS.

JUDGEMENT

(1.) THE above three criminal revisions arise out of the order dated 3 -7 -1985 passed by the Executive Magistrate, Sambalpur, in Criminal Misc. Case No. 54 of 1981 dropping the proceeding under Section 145, Code of Criminal Procedure.

(2.) IT appears that Rabinarayan Naik, (Criminal Revision No. 433/85) filed a petition to institute a proceeding under Section 145, Code of Criminal Procedure in respect of Ac. 2.46 decimals of Land appertaining to Khata No. 113 of village Laida and hence Criminal Misc. Case No. 54 of 1981 was instituted.

(3.) THE case of the Sectionond party is that Jadunath Nail has left properties in three villages namely, laida, Manikmunda and Langbahal. During the life time of Jadunath Naik, his sons made an admissible settlement and divided the lands of the three villages amongst themselves. Subsequently, for the purpose of convenience of the cultivation, the sons of Jadunath Naik made mutual exchange of lands and according to this arrangement, the sons of Ghanshyam got lands at Langbahal and they also settled at langbahal permanently and cultivated their lands. The Sectionond party members asserted that the successors -in -interest of Dhanurjaya and Janmajay do not possess any land at village laida and Manikmunda and they also do not reside at laida. In such circumstances, the vendors of the first party do not have any saleable right over the lands in question and even if they have executed a registered sale -deed in respect of the lands in question, that is only paper transaction. The Sectionond party members further assert that in the subsequent amicable settlement the father of the Sectionond party member Ukia Naik got the lands at Laida and Mamkmunda and possessed the same. Sahadev Naik father of Ukia Naik gifted away some lands including the lands in dispute in favour of the Sectionond party members Ukia Naik by executing a registered deed of gift and Ukia Naik claimed that since then she has been in possession of the lands in question in her own right, title and interest.