YUMNAM SAJOU SINGH Vs. CHANAMBAM THAMBALANGOU SINGH

JUDGEMENT

(1.) THIS is an application by 34 persons who claim themselves to be in possession of 27 1/2 paris of land under patta No. 93/1 situated at Yumnam Huidrom basti as tenants of the Dowager Maharani Dhanamanjuri Devi for the past 40 years on reclamation from khas land, to quash the proceedings under Section 145, Criminal Procedure Code taken against them by the respondents in the Court of S. D. M., I. W.

(2.) THE facts relating to this case are briefly as follows :

(3.) THE Police submitted a report dated 29.1.1961. It mentioned that it was ascertained in the course of the enquiry that the first party claimed that the land covered by patta No. 93/1 comprising about 20 paris of land were purchased by them from the owner M. K. Binodin Devi in 1960 under a registered sale deed, that the first party and M. K. Binodini Devi also said that the second party who were the former tenants of the land had already been informed before the last Sri Panchami, that is, 21.1.1961 that the first party purchased the land in dispute and that they would cultivate the same from the coming year and that the second party should not continue to cultivate the same, that the second party on the other hand claim that they have been cultivating the land in dispute since a long time on lease from the owner Maharani Dhanamanjuri and the land was in their possession, and that under the circumstances it appeared there was likelihood of breach of the peace if the land in dispute be not attached under section 145 Criminal Procedure Code immediately. It may be mentioned here that M. K. Binodini Devi is the power -of -attorney of the Dowager Maharani. The report was submitted to the S. D. M. on 31.1.1961 and it reached him on 7.2.1961.