RATAN LAL AGRAWAL Vs. DAULAT RAM AGRAWAL

JUDGEMENT

(1.) THIS application by the two members of the second party under Sections 435 and 439 of the Criminal Procedure Code (hereinafter referred to as 'the Code') is directed against the final order dated 8.4.1969 passed by Shri A.K. Sinha. Sub-divisional Magistrate, Simdega, in a proceeding under Section 145 of the Code. In the said proceeding opposite party No. 1 was the first party, whereas Mangtu Ram Majaria was the third party to the proceeding. The application before this Court stood dismissed for default against opposite party No. 2 (Mangtu Ram Majaria) by virtue of this Court's order dated 25.2.1970. The disputed land is comprised of 15 decimals of land bearing Plot No. 724, khata No. 108, situated in two villages namely. Simdega and Saldega, in the district of Ranchi.

(2.) IN order to appreciate the point involved in this application, it will be necessary to state briefly that facts. On 21st of December. 1964, a proceeding under Section 144 of the Code was drawn up which was subsequently converted into 145 of the Code on 2.2.1965. The case of the petitioners in the said proceeding was that petitioner No. 1 took settlement of the disputed land in the name of his wife INdrawati Devi in 1949 from Peru Estate. After the said estate vested in the State of Bihar under the Land Reforms Act. the Circle Officer mutated the name of INdrawati Devi and since then petitioner No. 1 and his son petitioner No. 2 are in peaceful possession over the disputed land. The case of the opposite party No. 1 in the said proceeding was that out of the 15 decimals of land, only 5 decimals of land belonged to opposite party No. 1. The another 5 decimals of the disputed land belonged to opposite party No. 2, namely, Mangtu Ram. The remaining 5 decimals of the land belonged to his brother Arjun Lal Agrawal who was not a party to the proceeding. His further case was that he also took settlement of the said land from the said estate in the same year. The land of opposite party No. 1 as well as opposite party No. 2 situated in village Saldega, whereas the remaining 5 decimals of land which belonged to his brother Arjun Lal Agrawal is situated in village Simdega.

(3.) MR. Thakur Prasad, learned Counsel appearing on behalf of the petitioners, have raised the following points for consideration by this Court: