PARMESHWARISINGH Vs. HARIHAR SINGH

JUDGEMENT

(1.) -This application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) is directed against the order dated 19-6-1989 passed by the Executive Magistrate, Begusarai, in a proceeding under Section 145 of the Code by which the possession of the opposite party No. 1 has been declared.

(2.) On the basis of report dated 11-10-1983 from Sarpanch BhairwarPansala Gram Panchayat, a proceeding under Section 144 of the Code was drawn up on 26-10-1983 which was subsequently, on 23-12-1983, converted into a proceeding under Section 145 of the Code in respect of three bighas four dhurs of land comprising of Khesra Nos. 549, 55C and 564 of khata No. 89 of village Manjhanpur P. S. Balia. The lands in dispute were recorded fin the name of one Gyan Prasad Singh and Baldeo Singh. Baldeo Singh died issueless during the life time of the recorded tenant, Gaya Prasad Singh, and hence the entire property of Baldeo Singh including the disputed lands were inherited by Gaya Prasad Singh, who, subsequently died leaving behind his only son Badri Singh who inherited the property after the death of his father. After the death of Badri Singh the first party that is the petitioners, being close relations,' are in continuous peaceful possession of the disputed lands.

(3.) The case of the second party-opposite party No. 1 is that he claims Ms possession on the basis of purchase of the land in question which was in mortgage by redeeming the land from mortgagee on payment of mortgaged money on 9-6-1983.