JAGIR SINGH Vs. AJMER SINGH

JUDGEMENT

(1.) THIS application is filed to quash the order of the Additional Sessions Judge, Ambala dated 7.6.1999 confirming the order passed by the Sub-Divisional Magistrate, Ambala dated 2.12.1998.

(2.) ON the basis of the report of the police, proceedings under Section 145, Cr.P.C. have been initiated. The dispute is in regard to the agricultural land of the extent of 875 Kanals 9 Marlas situated in village Roshanpura. The property was in occupation of the tenants. The landlords wanted to evict them forcibly. Apprehending breach of peace, a report has been made to the Sub- Divisional Magistrate by the police for initiation of proceedings under Section 145 Cr.P.C. and the Sub-Divisional Magistrate by his order dated 15.1.1996 attached the land and also appointed the Tehsildar, Ambala as a Receiver by his order dated 27.11.1996.

(3.) IT is pertinent to note that before the Sub-Divisional Magistrate both the parties agreed to call for a report from the Field Staff for ascertaining as to who has been in possession of the property. It has been observed by the Sub-Divisional Magistrate in his order dated 2.12.1998 as follows :-