LUNKHOTHANG MANGRU Vs. MOCHOM ANAL THUMBOL ANAL

JUDGEMENT

(1.) THE learned Sessions Judge has made this reference about the order of the Additional District Magistrate, in Criminal Case No. 8 of 1958, with recommendation that the said order may be set aside.

(2.) THE reference arises out of a petition filed by one party before the Additional District Magistrate, stating that they were in possession of a certain land and that the opposite party were threatening to enter forcible possession of the land and the first party prayed for action Under Sections 384/447 and 341 IPC The learned Additional District Magistrate, called for a Police report and being satisfied that there was an Apprehension of breach of the peace drew up proceedings Under Section 145 Cr.PC and attached the land in dispute and issued notices to both parties to file their written statements.

(3.) ON 14 -5 -58, the second party did not appear. Then, the learned Additional District Magistrate proceeded to pass an order stating that the second party were not present to prove their case, that he had seen the lease in favour of the first party, that the land described in the lease covered the. case and that the possession of the second party could not be legally supported, because no subsequent permission was possible without the cancellation of the first lease. The learned Additional District Magistrate therefore held that the land was in the possession of the first party in a legal and regular manner and therefore confirmed the possession of the first party and directed the second party not to interfere with the said possession. It may however be mentioned here that the order did not show that the report of the S. D. C, Thoubal which had been received before 14 -5 -58 by the Additional District Magistrate, was relied on to pass the said order, though it states that the report has been received.