LAIRENLAKPAM RAJBAPU SINGH Vs. WAKAMBAM MANI SINGH

JUDGEMENT

(1.) THIS is a revision petition under Sections 435/439 of the Code of Criminal Procedure, directed against the order of Shri T. Hangshing Magistrate First Class, I. E., dated 28.10.1971, passed in N. F. I. R. Case No. 7 of 1971 under Section 145, Criminal Procedure Code, declaring possession over the disputed land in favour of the first party.

(2.) THE proceeding was drawn up by the learned Magistrate in respect of 1.75 acres of land comprised in Dag No. 153 of patta No. 67/1 I. E. situated at village Challou within Lamlai Police Station. Both the parties claimed actual physical possession over the land. The opposite party herein, who was the first party in the proceeding, filed his written statement, five affidavits including his own, and four documents. The petitioner, who was the second party also filed his written statement, six affidavits including his own, and three documents. On a consideration of the written statements and the affidavits, the learned Magistrate found that the first party was in possession of the disputed land at the time of the preliminary order, and accordingly he declared possession in favour of the first party. Being aggrieved by this order, the second party has come up with the present revision petition.

(3.) THE first contention of the learned counsel for the petitioner, Shri A. Nilamani Singh, was that the learned Magistrate did not consider the documents filed by the parties at all, and thereby he committed an illegality. It was also contended by him that the learned Magistrate, going beyond the records, brought some extraneous considerations to bear upon his decision in judging the veracity of the witnesses who swore affidavits on behalf of the petitioner, and thereby he committed an illegality. It was submitted by him that had the Magistrate given his due consideration to the documents filed by the petitioner, all of which were public documents and had he not taken such extraneous matters into consideration in judging the veracity of the witnesses his decision would have, possibly, been otherwise.