T SANIHARO KUER Vs. MUNILAL SINGH

JUDGEMENT

(1.) This revision application is directed against the order dated 11-3-2002 passed by the Executive Magistrate, Piro district Bhojpur whereby in a proceeding under Section 145 of the Code of Criminal Procedure the leaned Magistrate had declared the possession of second party-opposite party Nos. 1 to 4.

(2.) A proceeding under Section 144 of the Code of Criminal Procedure (for short the Code) was initiated in respect of land bearing Plot Nos. 1814, 20, 57, 1925, 811, 819 and 936 of village Barsi in the district of Bhojpur. In the said proceeding petitioner was the first party. She claims possession over the disputed land on the ground that it was recorded in the name of her father-in-law and after partition in the family the land fell in the share of her husband Jugeshar Singh and after his death, she being the sole heir, inherited the same. Her further case is that she is in possession of the land since then and paying the land rent and canal charges for the same. The case of the second party is that they have purchased the land through a registered sate deed dated 30th of July, 1961 for a consideration of Rs. 5,500/- and since then they are in possession of the land.

(3.) The learned Magistrate by order dated 20-2-1997 declared the possession of the second party, Petitioner aggrieved by the same preferred Criminal Revision No. 258 of 1997 and this Court by order dated 12th of October, 1999 allowed the revision application, set aside the order of the learned Magistrate dated 20-2-1997 and remitted the matter back to him to pass order in accordance with law and while doing so to consider the relevant documents. After remand the learned Magistrate considered the matter and by the impugned order declared the possession of the second party.