MATHURA PRASAD Vs. KALI DHOBI AND OTHERS

JUDGEMENT

(1.) This petition in revision has been directed against an order passed by Shri M. Hussain, Magistrate, First Class Monghyr, dated the 21st March, 1967, refusing the prayer of the petitioner to be restored to possession of a certain portion of the disputed land. There was a proceeding under Sec. 145 of the Code of Criminal Procedure (hereinafter referred to as "the Code") between the parties giving rise to case No. 721/M of 1964. That proceeding was drawn up on 19th June, 1964. Before that, there was a proceeding under Sec. 144 of the Code. The petitioner was the second party to that proceeding. He had put forth his grievance in his written statement to the effect that, after the service of notice, the opposite party were trying to dispossess him from a portion of the land by putting up a mud wall there, and also alleged that this illegal act was done on the 12th May, 1964. The learned Magistrate, after a perusal of the affidavits and the documents filed before him, came to the conclusion that the petitioner was in possession of the disputed land, and so declared his possession. It may be mentioned that in this proceeding a Pleader -Commissioner had been appointed to measure the disputed land, and he found the disputed land to be a portion of the land belonging to the petitioner.

(2.) It appears that the mud wall was not removed, and so the petitioner tiled a petition under the provisions of Sec. 145(6) of the Code for restoration of possession over that portion of the disputed land from which he had been forcibly and wrongfully dispossessed within two months of the drawing up of the proceeding. The learned Magistrate then heard both sides and by the impugned order refused to restore the petitioner to possession of the said portion of the disputed land, as prayed for.

(3.) Mr. Parmeshwar Prasad Sinha, appearing for the petitioner, has urged that this order of the learned Magistrate is against the tenor of his own order, and so he had ample jurisdiction to pass an order under the provisions of Subsection (6) of Sec. 145 of the Code.