DEPU KACHARI AND ORS. Vs. PADMA KANTA BARUA

JUDGEMENT

(1.) THIS is a reference from the learned Sessions Judge, U.A.D., under Section 438, Criminal P.C., and arises out of a proceeding under Section 145, Criminal P.C.

(2.) THERE was a dispute between the parties to the proceeding about 4 bighas, 4 kathas and 4 lechas of land of Periodic Patta No. 32 of village Chowkan, and 10 bighas, 2 kathas and 7 lechas of land of Periodic Patta No. 96 of Thengalgaon, Mause Khumtai. The case of the first party complainant as disclosed in the complaint, dated 19.7.50, was that the disputed land belonged to one Depu Kachari who sold it to him (Padma Kanta Barua) for Rs. 2500. He further alleged that Ganga Kachari, Depu Kachari, Bethai Kachari and Rameswar Kachari (2nd party) had dispossessed him by ploughing the land forcibly, and on his protest, they threatened to assault him. There was, according to him, danger of a breach of the peace between the parties. This petition was sent to the Officer -in -Charge of Golaghat Police Station for enquiry and report. A report was submitted on 1.8.1950. The conclusion reached in the report was that there was likelihood of a breach of the peace between the parties arising from the dispute about the land in question, and it was proposed that proceedings under Section 145, Criminal P.C. be drawn up against the 2nd party, and that 'the disputed land be attached pending the decision of the case. On 9.8.50, the learned Sub -divisional Magistrate at Golaghat passed the following order on the report:

(3.) IN pursuance of the order, dated 9.8.50, the parties were asked by a notice to put in their written statements regarding their respective claims to a plot of land measuring 10 bighas in village Chowkan. It will be observed that the notice was limited to an area of 10 bighas only, the whole of the land was not covered by the notice. Even the description of 10 bighas was not correct, as the area of 10 bighas was in village Thongalgaon, and not in village Chowkan. On 27.9.50, the parties put in their written statements regarding their respective claims with regard to the land in dispute. The parties and then witnesses were examined, and the learned Magistrate found, on a consideration of the evidence adduced by the parties, that one Rangai Kachari was in possession of the land till 1949. He was an adopted son of Depu Kachari the original owner of the land. There was a dispute between Depu Kachari and Rangai Kachari. This dispute was settled and Depu gave 6 bighas of the land to Rangai. Depu Kachari then sold the lands in dispute to the complainant (1st party) and delivered possession to him.