CHANDRADEO HARIJAN Vs. STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) This application under Sections 397 and 401 of the Code of Criminal Procedure directed against the order dated 30th June, 1990, passed by Sri R.B. Prasad by which he has declared the possession of the Opposite parties in a proceeding under Sec. 145 of the Code of Criminal Procedure.

(2.) The disputed land is 2 katha 8 dhurs on the eastern portion of Revisional Survey Plot No. 2041 under Khata No. 251 having an area of 7 Katha 16 dhurs of village Bhagar, Police Station Siwan is the district of Siwan. According to the case of the prosecution the Revisional Survey Plot No. 2041 stands in the record of right in name of the Ram Lagan Chamar, father of the Petitioner. The ancestors of second party i.e. Opposite party No. 2 to 4, who are the Maliks settled the land in favour of Ram Lagan Chamar in the year 1956. The estate vested in the State of Bihar and the Maliks submitted Jamabandi in the name of Ram Lagan Chamar and, accordingly, Register-II was prepared and he paid the rent to the State of Bihar and after his death the Petitioner is paying the rent to the State of Bihar and the rent receipts are in the possession of the Petitioner. The further case of the Petitioner is that prior to vesting of the estate the father of the Petitioner had been paying rent to the ancestors of the Opposite parties and he was granted rent receipts in his name. On 22.7.1987 father of the Petitioner executed a mortgage deed in favour of one Radha Mohan Sah with respect to 3 Kathas of the aforesaid plot number for a sum of Rs. 100.00 and the same was redeemed in the year 1954. Ram Lagan Chamar executed a sale deed with respect to 3 Kathas of Revisional Survey Plot No. 2041 in favour of Ram Briksh Mistry and Chandradeo Mistry of village Bhagar in the 1953 and from the date of sale deed Ram Briksh Mistry and Chandradeo Mistry are coming in peaceful possession of the aforesaid 3 Kathas of land and they have also got their names mutated and paying rent to the State of Bihar. In the year 1969-70 when Public Works Department pitch road was extended some of the proceeding land was acquired by the Public Works Department and Award was prepared in the name of Raja Chamar, brother of the Petitioner, and compensation was, accordingly, paid. The case of Opposite party Nos. 2 to 4 is that the father of the Petitioner was in need of money and as such on 18.11.1927 along with other lands he sold 3 Kathas 12 dhurs out of the disputed plot to Rajeshwar Singh and Ram Darshan Singh and put them in possession. Rajeshwar Singh sold his land to Dilla Mian in the year 1940 and put him in possession and the rent receipt is being issued in the name of Dilla Mian. The Opposite parties (2 to 4) are coming in possession of the disputed land and paying rent to the State of Bihar.

(3.) It appears that on 10.12.1982 a proceeding under Sec. 144 of the Code of Criminal Procedure was initiated with regard to 2 Kathas 8 dhurs of land of plot No. 2041 Khata No. 251. Both the parties filed their show cause. On 19.4.1983 the Sec. 144 proceeding was converted into proceeding under Sec. 145 of the Code of Criminal Procedure. Both the parties filed their written statements and produced oral as well as documentary evidence before the learned Magistrate. The learned Magistrate, on a consideration of the materials on the record passed the impugned order declaring the possession of the Opposite party Nos. 2 to 4 on the disputed plot.