MANJU DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioners/second party have challenged the order dated 11.07.1991 passed by Sri Rajeev Chauhan, Executive Magistrate, Buxar in Misc. Case No.119(m)/1988, Trial No.163 of 1994 whereby and whereunder the learned lower court had declared possession of first party/respondent second, third party over disputed land as well as order dated 18.07.1998 passed by Second Additional District & Sessions Judge, Buxar in Criminal Revision No.146 of 1994/7 of 1994 by which the learned Additional Sessions Judge dismissed the revision.

(2.) A proceeding under Sec. 145 Crimial P.C. was initiated with respect to lands falling under Khata No.86, Khesra No.1369, Area 1 acre 60 decimal, 1379 Area 24 decimal, 1380 Area 2.80 acre, 1495 area 86 decimal lying at village Unwas Tola Bishrampur, P.S.-Itarhi, District-Buxar.

(3.) It is case of the first party/respondent no.1 and 2 that aforesaid land belonged to one Fulwasiya, first wife of Sukh Ram Singh who had a daughter Dhanwatiya Devi. Fulwasiya died leaving behind sole daughter her heir in the year 1965. In due course of time, aforesaid Dhanwatiya executed sale deed in their favour on 10.03.1983 and since thereafter they are coming over the land peacefully, are cultivating the land and are enjoying its usufruct. On false and frivolous plea, petitioners/second party began to interfere with the peaceful possession of the first party resulting serious apprehension of breach of piece on account of which instant proceeding has been drawn.