SUREN DAS Vs. DHANBAR ALI AND ORS.

JUDGEMENT

(1.) THIS application under Section 439 of the Code of Criminal Procedure by the first party is directed against an order passed by a first class Magistrate at Gauhati in a proceeding under Section 145 of the Code of Criminal Procedure ia which possession was declared in favour of the second party.

(2.) THE first party is the President of a Farming Co -operative Society and tht second parties are also members of a Farming Co -operative Society. The first party's case is that his co -operative society owned 120 bighas of land and as it was inadequate for the Society, it applied for the disputed land measuring 183 B. 3 K. 2 Chataks, which is to the contiguous north of the first plot of 120 bighas. But as there was threat of dispossession by the second party and there was likelihood of breach of the peace, the first party prayed for a proceeding under Section 145 of the Code of Criminal Procedure. In pursuance of that application the Magistrate drew up proceedings and asked the parties to file their written statements, affidavits and documents.

(3.) IT is not correct to say that the learned Magistrate did not consider the affidavits of the first party. In fact he has considered all the affidavits, and came to the finding that the second party was in possession. He disbelieved the first party's case, on the ground that the evidence of first party was not supported by any documentary evidence; he believed the 2nd party's case, as it was supported by documentary evidence.