SHRI BISWANATH BISWAS Vs. SHRI GAURANGA SARKAR

JUDGEMENT

(1.) ON an application made by the first party/Opp. party, herein, after called 'the opposite party' on 29.12.81 for restraining the 2nd party/Petitioner hereinafter called 'the Petitioner' from constructing any house on the disputed land with a house thereon measuring 2K 8Ls, which the Petitioner had been occupying as a licensee and was allegedly trying to construct a house, the learned Magistrate first drew up a proceeding under Section 144 of the Code of Criminal Procedure restraining the Petitioner from constructing house over the dispute land. Later on 18.2.82 the proceeding was converted to one under Section 145 Code of Criminal Procedure and the parties were asked to file their written statements, and when filed, the learned Magistrate on the basis thereof declared possession of the opposite party over the dispute land. Hence, this revision petition.

(2.) MR . S.R. Bhattacharjee for the Petitioner submits: The learned Magistrate having found that the Petitioner was in possession of the land and house in dispute as a licensee of the opposite party be ought to have declared possession in favour of the Petitioner; and be acted contrary to the provisions of Section 145 Code of Criminal Procedure in declaring possession in favour of the opposite party on the ground that he was the licensor in respect of the dispute land and house.

(3.) ON perusal of the impunged order there is no doubt that the learned Magistrate accepted the statement of the opposite party that the Petitioner was only a licenses under him and that the Petitioner bad started constructing a house over the dispute land. Learned Magistrate held that the claim of actual possession by the opposite party was true and accordingly be declared that the opposite party was in possession of the dispute land and house and was entitled to retain such possession until ousted in due course of law.