(1.) THIS application is directed against a final order passed in a proceeding under Section 145 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') between the parties relating to survey plot No. 2864 measuring about 16 dhurs situated in village Habib Nagar within the jurisdiction of Siwan Police Station. The order has gone against the petitioner who was the First Party to the proceeding. The opposite party in whose favour the Magistrate has declared the possession was the Second Party thereto.
(2.) THE case of the petitioner was that the land had been settled along with other lands by the exlandlord by means of a patta dated 1.4.1939 with one Deonarain Ahir who came in possession. After the death of Deonarain Ahir, his sons Jamuna Chaudhary and others, came in possession, and subsequently they sold it by a registered kebala dated the 7th February, 1961 to the petitioner and put him in possession thereof. After the petitioner came in possession, he erected a palani and fixed nad and khurta and kept his cattle thereon. It was said that the disputed land was contiguous to his ancestral land covered by plot No. 2866, The case of the opposite party, on the other hand, was that they had taken settlement of the disputed land from the landlord in 1934, and, subsequently, they had constructed a well on an area of 5 dhurs of the land. They also claimed to have perfected a title in themselves by adverse possession.
(3.) IN the result, the application is allowed with the observations made above. Application allowed.