CHANAN MAL Vs. MOHRI LAL

JUDGEMENT

(1.) ON the complaint made by Mohri Lal against Chanan Mal, the Sub -Divisional Magistrate, Batala held that Mohri Lal was in possession of land comprising in khasra Nos. 475, 476, 486 and 491 and that he is entitled to remain in possession of the same and that his possession should not be disturbed. Chanan Mal filed revision against the order of the learned Sub -Divisional Magistrate, which was decided by the learned Additional Sessions Judge, Gurdaspur and the same was dismissed. Chanan Mal has filed this revision petition against the order of the learned Additional Sessions Judge, Gurdaspur.

(2.) MOHARI Lal filed the complaint on 23 -8 -1971. The learned Sub -Divisional Magistrate, Batala, passed the order on the same day issuing notices to the respondents in accordance with law and directed them to maintain status quo. This order is not in accordance with the provisions of Section 145 (1), Criminal Procedure Code, 1898, as it does not show as to whether the learned Sub -Divisional Magistrate had satisfied himself, that a dispute likely to cause a breach of peace existed concerning the land in dispute. He has not stated in the order that he was so satisfied. He did not direct the parties to attend in person or through pleader or to put in their written statements of their respective claims in respect of the fact of actual possession of the subject of dispute. The order dated 23 -8 -1971 is, therefore, not legally correct. Since the order calling the parties, is defective, further proceedings in the case also cannot be held to be legally correct. The order summoning the respondents and the proceedings in the case, are, therefore, set aside and the case is sent back to the learned Sub -Divisional Magistrate, Batala, with the direction that he should consider the complaint of Mohri Lal and act upon the same, in accordance with the provisions of Section 145(1), Criminal Procedure Code, 1898. The counsel for the parties have been directed to cause the appearance of the parties in the Court of Sub -Divisional Magistrate, Batala, on 4.6.1979.