SRI RAM Vs. STATE

JUDGEMENT

(1.) THE learned Sessions Judge, Rohtak, has sent up this case to this Court with the recommendation that the finding of Shri Gian Chand, Magistrate 1st Class, to the effect that Gurbux Singh etc. , the respondents in this case, had been dispossessed by the petitioners and accordingly they be put into possession, should be set aside and the case remanded to the learned Magistrate for giving proper finding and for disposing of the case in accordance with law.

(2.) THE brief facts of this case, are, that there is a dispute as to the possession of a vacant site in the abadi deh of Rohtak. between the petitioners and the respondents. The petitioners claimed themselves to be in possession of this site as proprietors and alleged, that six months ago they constructed a thatched hut (chhappar) on a part of the site. The ownership rights in the land, it is contended by the petitioners, vest in them and in other landlords.

(3.) THE contention of the respondents is, that long time ago this piece of land had been given to them by the abadi deh and has been in their exclusive possession. The site has been used by them for different purposes, among others for tethering their animals, keeping their carts, and for making dung-cakes and for other similar purposes. The site is contiguous to their residences and had been in their exclusive possession from times immemorial.