MOTILAL NUNIA Vs. FAIZUR RAHAMN

JUDGEMENT

(1.) This revision petition is directed against the order dated 17.6.96 as passed by the Executive Magistrate in Case No. 135M /96 and 19.9.96 as passed by the Sub-Divisional Magistrate, Silchar in the above number case refusing to vacate the order of attachment passed under Section 145/146 Cr. P. C.

(2.) Heard learned counsel for the parties. In order to appreciate the rival contention advanced at the Bar, it would be pertinent to note some basic facts. There has been a long civil litigation between the parties. The land in dispute is at measuring 13 Bighas, 18 kathas covered by Dag No. 580,581,582,583 of Patta No. 74, it was purchased by petitioners grand father Budhan Nunia and it is the petitioners claim that they have been continuously in peaceful possession and enjoyment of the land in question on which they have constructed their own dwelling house and remaining portion is used for cultivation. The sale deed dated 9.5.1929 is placed on record as Annexure - A. On death of Budhan Nunia, the periodic patta were transferred in favour of Raghunandan Nunia, father of the petitoner No. 1. A copy of the patta is placed on record as Annexure - B.

(3.) A title suit No. 164 of 1978 was filed by Abdus Sukkur Borbhuyan claiming that he had purchased a plot of land at measuring 14 Bighas, 14 Kathas from Ram Dahiya Bahali Prasad on 26.2.1970 and Bahali Prasad Bania delivered demarcated possession of Bigha of land iin Dag No. 681. This suit was decreed by the trial Court on 15.2.1983, the petitioner preferred an appeal being Title Appeal No. 48. of 1983 and the appellate Court set aside the trial Court judgment and decree, it was held that the petitioners continuous possession and perpetuation of title through the operation of doctrine of adverse possession was up-held by the appellate Court. A copy of the judgment and decree dated 31.1.1985 is placed on record as Annexune -C. Second Appeal No. 70 of 1985 was preferred before this Court which was dismissed vied judgment dated 8.8.1995. A copy of the said judgment dated 8.8.1995 is placed on record as Annexure - D. It is the petitioner's case that having failed in their bid to grab the: property before the Civil Court and having lost up-to High Court, the respondent Abdus Sukkur suppressing material facts and in collusion with the local police lodged the Ejahar before the Officer-in-Charge, Dholai P. S. On 9.4.1996. The petitioners produced all the documents including the judgments of the appellate Court and the High Court, despite this the police on 9.4.96 attached the land and a concocted report was submitted to the Executive Magistrate, on 17.6.96 the Executive Magistrate passed the order, Annexure-G under Section 146(1) Cr. P. C. The petitioner filed an application before the Executive Magistrate for Vacating or cancelling the attachment order which he dismissed vied order dated 19.9.96 It may be noted here that in the meantime Abdus Sukkur died on 10.6.1996.