KAMESHWAR SINGH Vs. RAMDAHIN TEWARI

JUDGEMENT

(1.) THE learned Sub-divisional Magistrate of Aurangabad has drawn up a proceeding Under Section 107, Criminal P. C. against the petitioners, who were second party to the proceeding. This application, is directed against that order for quashing the same.

(2.) IT is contended by Mr. Haranandan Singh, on behalf of the petitioners, that as the dispute relates to land, Section 145, Criminal P. C. was the appropriate provision & that if proceedings had to be started Under Section 107 of the Code, the proceedings should have been started against both the parties. The opposite party urges that there is absolutely no dispute about the possession of any land and that the petitioners have for some other reason taken into their head to disturb the possession of the opposite party and to create troubles.

(3.) MR. Rajkishore Prasad, appearing on behalf of the opposite party has submitted that there was no dispute at any time about the lands in question and that his clients had all along been in peaceful possession of the same. It is said that in spite of the auction sales in execution of decrees for rent, the opposite party were allowed to remain in possession by the auction-purchasers and that their possession was never disturbed. He does not accept the allegation of MR. Singh to the effect that Mitrajit Singh had sold the khatas, which he had purchased, to Hartaans or his father Jugalkishore. He says that the sale-deed of 28-3-1940, had only conveyed the mokarrari rights of Mitrajit to Harbans or his father. MR. Singh did not accept this position and he referred me to a sale-deed of 28-3-1940, which he had in his possession, and it disclosed that the contention of MR. Rajkishore Prasad was right that these khatas have not been mentioned in this sale-deed. MR. Prasad has referred me to a list of documents which his clients had filed before the learned Sub-divisional Magistrate on 4-12-1951, just on the date when the show cause petition under Section 107, Criminal P. C., was heard, and from that list it appears that MR. Prasad's clients had filed the following documents before the Court; 1. Sada Settlement paper regarding khatas Nos. 100, 141, 142, 166, 2 and 101; 2. An order under Section 144, Criminal P. C., dated 4-12-1947; 3. Original sale certificate in the execution case showing sale of the khatas to Mitrajit Singh; 4. Certified copy of delivery of possession-It appears the copy had been taken soon after the delivery of possession;