CHANAN SINGH KISHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a revision under Section 439 of the code of Criminal Procedure , against an order, dated 23-5-1967, of the District Magistrate, Bhatinda, upholding an order, dated 17-10-1966, of the Executive Magistrate 1st Class, Mansa. It arises out of the following circumstances.

(2.) THERE was a dispute over some land and other immovable property. Situated in the area of village Nangal Kalan, Tehsil Mansa. Apprehending a breach of the peace. Mansa Police made a report for proceedings under Section 145, Criminal procedure Code, against Chanan Singh and 5 others as party No. 2 The case was first put up before the Sub-Divisional Magistrate. Mansa, who after satisfying himself from the police report that a dispute likely to cause a breach of the peace existed concerning the land measuring 307 Kanals and 4 Marlas, situated in the area of village Nangal Kalan, made a preliminary order in writing on 12-4-1965, requiring both the parities to attend his court, and to put in written statements of the respective claimants regarding the fact of actual possession. In July, 1965, sarup Dass as party No. 3 also joined the proceedings before the Sub-divisional Magistrate. He made an application claming to be in possession of the land in question. Prem Dass, party No. 2, withdrew from the case and did not prosecute his claim further. Thus, two parties, namely, Chanan Singh etc. , party No. 1. And sarup Dass, party No, 2 , were left in the field. Both these parties submitted there written statements, claiming to be in possession of the land in dispute at the material time. Party No, 1 also submitted affidavits o\f Ram chand, Gurdial Singh, and Chanan Singh, Counter-affidavits were put in by Sarup Dass, party No. 2 , who also furnished a copy of the Roznamcha, dated 5-12-1964, kept by the patwari. He also produced a copy of an order of the District Judge, Bhatinda.

(3.) THE learned Executive Magistrate First Class, Mansa, to whose Court the case was transferred came to the conclusion that the affidavits of the parties , which were of formal type and amounted to an effort ro rebute each other's claim, were not very reliable. He, however, placed 'more reliance' on the copy of the roznamcha, dated 5-12 -1964, and the order of the District Judge, Bhatinda, He came to the conclusion that at the material time, party No. 2 Sarup Dass, was in actual possession of the land. , He, therefore, passed an order that Sarup Dass be maintained in possession till evicted under the order of a competent Civil Court. Against hat order, dated 17-10-1966, of the Executive Magistrate, Bhatinda, who dismissed it by an order, dated 23-5-11967. Hence this revision by party No. 1.