JORA GIR Vs. B.L. SINGAL

JUDGEMENT

(1.) JORA Gir, who alleged himself to be the Chela of Mange Gir and his companions Raj Mal, Jage Ram and Hoshiara sons of Duni Gir, were held to be in possession of the land in question in the proceedings under Section 145 of the Code of Criminal Procedure by the Executive Magistrate, find on 15.7.1991. Mahant Krishan Gir preferred a revision against this finding and it was accepted by Shri B. L. Singal, Additional Sessions Judge, Jind, on 27-2-1992. Aggrieved against it, Jora Gir Mahant has come by means of the present petition under Section 482 of the Code of Criminal Procedure. It has been prayed that the impugned order of the Additional Sessions Judge, should be set aside and the proceedings should continue in tune with the order of the Executive Magistrate dated 15-7-1991.

(2.) THERE is a Dera which was known earlier as Dera of Gaj Raj Gir at village Pokhar Kheri in Narwana Sub Division. After the death of Gaj Raj Gir, Mahant Mange Gir had succeeded and continued to be its owner. However, Mahant Mange Gir died on 2.11.1988 and a dispute arose amongst the Chelas and a report under Section 145(1) of the Code of Criminal Procedure was made on 23.12.1988 and an order of attachment was passed by the Executive Magistrate, on 27.12.1988.

(3.) ON facts, the important pleas taken in reply filed by Mahant Krishan Gir-respondent No. 3, are that Mange Gir died on 2,11.1988 and the possession of the petitioner and the proforma respondent was denied emphatically and that the petitioner was not the Mahant of the said Dera because he was neither an old Chela nor he was appointed by the Bhekh and the villagers. It has been further averred that Civil Suit No. 371 of 21.7.1980 instituted by Dera Baba Gaj Raj Gir of Pokhar Kheri was decreed on 21.1.1985 against Mange Gir and respondents No. 4 to 6 by Senior Sub Judge, Jind. This judgment has been confirmed by the Additional District Judge, Jind on 31.7.1986. A Regular Second Appeal No. 2321 of 1986, has been dismissed on 3.6.1991 by means of a composite judgment rendered in RFA No. 1657 of 1979. The connected R.S. A. No. 2321 of 1986 and 2370 of 1986 were also disposed of by means of the aforesaid judgment. S.L.P. (Civil) Nos. 14397 to 99 of 1991, were attempted against this judgment and these were dismissed by the Supreme Court on 17.9.1991 and a copy thereof is Annexure R-6. In the face of these findings, it has been averred that the present petition has no merit.