CHAND SINGH CHANDU Vs. NIRMAL SINGH

JUDGEMENT

(1.) ON 17.4.1993 the Officer-in-charge, Police Station Ratia submitted a report under Section 145 Cr.P.C. with respect to the dispute over agricultural land measuring 32 acres, 4 kanals and 13 marlas. The land is situate in the revenue estate of village Nangal. Both the parties were claiming their possession over the crop of Rabi 1993. The Sub-Divisional Magistrate, Fatehabad recorded the statement of the officer-in-charge of the police station. A preliminary order was passed. As a consequence thereto the disputed land and the standing crop were attached. Tehsildar of the area was appointed as the Receiver. The Receiver was directed to take possession of the land and the crop. The order as such was carried.

(2.) THE parties had been called to appear before the Sub Divisional Magistrate so as to facilitate filing of their respective claims, documents and the affidavits. The first party Chand Singh and others made an application for vacation of the attachment order asserting that there are no disputes that are pending. The second party wanted permission to lead evidence over their claim of possession over the land in dispute.

(3.) THE second party preferred a revision petition in the court of Session. The learned Additional Sessions Judge accepted the revision petition. It was held that while the learned Sub-Divisional Magistrate had directed that first party be put in possession but still fixed the case for evidence and continued with the proceedings to decide the question of claim over the crops. It was held that there was no material before the learned Sub Divisional Magistrate to withdraw the order. It was directed that parties should be given an opportunity to produce the evidence and thereafter the question in dispute should be decided.