MANIK CHAND Vs. BHUBNESHWAR PRASAD

JUDGEMENT

(1.) This application is directed against the final order passed in a proceeding under Section 147 of the Code of Criminal Procedure relating to a dispute over the first party's right of user on the second-party's land.

(2.) Appearing On behalf of the first party petitioner, Mr. R.S. Sinha has urged two points. The first point is that the learned Magistrate has riot followed a correct procedure, and the second point is that he has illegally, used the result of his local inspection as the sole basis of his judgment.

(3.) I will take up the points in the order in which I have mentioned them. The order of the Magistrate dated the 9th August, 1958 is as follows:.