WAZIR MAHTON Vs. BADRI MAHTON

JUDGEMENT

(1.) THIS is a reference by the learned Sessions Judge of Hazaribagh recommending that an order dated 13th August 1949 made by a Magistrate exercising first class powers at Hazaribagh in a proceeding under Section 145, Criminal P. C., be set aside. By the order in question the learned Magistrate found the first party to the proceeding in possession of the lands in dispute. He declared the possession of the first party and forbade the members of the second party from interfering with that possession until evicted in due course of law.

(2.) I have heard Mr. T.K. Prasad appearing for the members of the second party in support of the reference. Mr. Bajrang Sahay has been heard against the reference.

(3.) NOW I come to the reasons which the learned Sessions Judge has given for his recommendation. The reasons are three in number :