U. DEBILAL PUDEN Vs. U. SUNA PALE

JUDGEMENT

(1.) THIS was a petition under R.17' of the Rules for the Administration of justice and Police in the Khasi and Jaintia Hills against an order ( the trial court dated 14 -7 -59 in a proceeding under Section 145, Criminal Procedure Code) .

(2.) IT is admitted that the Criminal Procedure Code itself docs not apply so far as the letter of the Jaw is concerned hut the spirit of the same is applicable in this area.

(3.) THE trial court held on the basis of the documents filed that the first party entered into possession of the land on 3 -12 -57 and even though the second party claimed to be reinstated in the Dolloiship, there was no evidence of his being restored to possession. Accordingly in the opinion of the trial court the first party was entitled to possession and it directed accordingly, purporting to act under Section 145(6), Criminal Procedure Code.