MIR HUSSAIN Vs. MUSST HAMIDA KHATOON

JUDGEMENT

(1.) THE order under challenge in the present revision was passed, on 15.2.2000, by the learned Additional Session Judge, Nagaon, in C.M. Case No. 33 (N) 99, whereby the order dated 29.1.1999, passed by the learned Executive Magistrate, Nagaon, in MR Case No. 215/97 under Sections 145/146 Cr.P.C., declaring the possession of the disputed land in favour of the first party, who is the petitioner in the present revision petition, was set aside.

(2.) BRIEFLY stated, the material facts giving rise to this revision are as follows ; The first party instituted MR Case No. 215/97 aforementioned seeking declaration of his possession over the disputed land. The second party, who is the Opposite Party Nos. 1 and 2 in the present revision, resisted the claim of the first party. During the course of the proceeding, evidence adduced by both the parties were recorded and by the order, dated 29.1.1999, aforementioned, the learned Magistrate declared possession of the disputed land in favour of the first party. This order was impugned in CM Case No. 33(N)/99 aforementioned and by the judgment and order, dated 15.2.2000, the declaration made by the order, dated 29.1.999, aforementioned was set aside by the learned revisional Court.

(3.) ON a careful scrutiny of the revision petition, it transpires that the judgment and order dated 15.2.2000, aforementioned has been impugned in the present revision by the first party on the ground that the learned Sessions Judge has re -appreciated the evidence on record and on an erroneous view taken of the evidence on record the learned Sessions Judge has set aside the findings reached in the proceeding by the learned Magistrate.