SHEO KUMAR KHEMANI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under section 397 and 401 of the Code of Criminal Procedure, 1973 (in short the 'Code '). It is directed against the order dated 19.8.1998 passed by Shri A. B. Shekhar learned Additional Sessions Judge, Buxar in Criminal Revision Case No. 11/95, whereby and whereunder the learned Additional Sessions Judge allowed the revision application filed by the present opposite party no. 2 and set aside the order dated 30.11.1994 passed by Shri Suresh Chandra Lal, Executive Magistrate, Dumraon, Buxar in Case No. 11 (M) of 1988. By the said order the learned Executive Magistrate had declared the possession of the petitioner over the disputed land bearing Plot No. 776 (Old) (1665 New) appertaining to Khata No. 378 (Old) (54 New) having an area of 1.05 acres of Village -Dumraon.

(2.) IN this petition the petitioner, who was the opposite party before the learned Additional Sessions Judge in Criminal Revision No. 11 of 1995, has contended that initially there was a proceeding under section 144 of the Code initiated with respect of the aforesaid land between Bachcha Lal Gupta, Shankar Bhaghwan and Sarda Devi on one side and the present opposite party no. 2 on the other. This proceeding was subsequently converted into a proceeding under section 145 of the Code. As per the written statement filed on behalf of Bachcha Lal Gupta and others the land in question was recorded in the cadestral survey as Gairmajarua Malik. Subsequently the Maharaja Dumraon brought this land under his own cultivation and the land became Bakast Malik. Later on Dumraon industries was set up by the Maharaja on this land. At the time of the vesting of Jamindari the return was submitted by Maharaja Dumraon showing this land in possession of the Dumraon industries. A ceiling proceeding against Maharaja of Dumraon was started which also included the land in question in possession of the Dumraon industries.

(3.) OPPOSITE party no. 2, however, created trouble in the possession of three vendees resulting in a proceeding under section 144 of the Code which was later on converted into a proceeding under section 145 of the Code. During the pendency of the aforesaid proceeding the land in question were transferred by three vendees named above in favour of the petitioner through three registered sale deeds dated 5.7.1989 and the petitioner was put in possession of this land. He stepped into the shoes of the aforesaid three vendees and also was joined as a party in 145 proceeding.