BOUKU MANDAL Vs. SUGIYA DEVI

JUDGEMENT

(1.) The 1st party petitioner has preferred this revision application against the judgment and order dated 23.3.2002 passed by the learned Sub-divisional Magistrate, Banmankhi (Purnea) in Case No. 378 M of 1996 under Section 145 Cr.P.C. by which the possession over the land in dispute has been declared in favour of 2nd party-opposite party.

(2.) The case of the petitioner, in brief, is that his father had five brothers out of them two died issueless, three died but their heirs are alive. The heirs of three brothers got six bigahs of land, one co-sharer is Sugiya Devi who sold out one Bigaha 15 katha of land out of her share two bigahas. Her share remained only five katha of land. The land in question bearing Khata No.500, Kesara No. 838, 835, Area 30 decimals of Mauza Pipara, Khata No. 69, Kesara No. 720 and 219, Area 30 decimals of Mauza Patti Bhargama have been in possession of the petitioner which is being disturbed by the second party with the help of unsocial elements. The share of five katha of land is in another Khesara which is in possession of the 2nd party.

(3.) The case of 2nd party opposite party is that land in question has been recorded in the name of Dhurkheli Gareri, Janaki Gareri, Manaki Gareri and Narayan Gareri in the Survey Khatiyan. Dhurkheli had two sons out of which one of them is petitioner (1st party). Janaki Gareri and Manaki Gareri had no issue. Narayan Gareri had only one issue Sugiya (second party- opposite party). There was no legal partition. Only there was mutual partition. In three shares the second party got 69.13 decimals of land in Kesara No. 838 and also equal share in the land in question. The first party wants to dispossess the second party.