KOKIL PRASAD SINGH Vs. NANDOO RAI

JUDGEMENT

(1.) This second appeal is by the plaintiff against the judgment of reversal in a suit for declaration of title and for a direction of the defendants to remove the sand form suit land.

(2.) The point involved in the present case is quite interesting and also Important. The point is whether a prohibitory order issued by a Magistrate in a proceeding under Section 144 of the Code of Criminal Procedure, passed against a party disturbs/interrupts the possession for that party and he must be taken to be out of possession for that period or it only restrains the enjoyment of possession without disturbance or interruption of possession, and he continues to be in possession.

(3.) Shorn of all the other details, only the relevant facts need be stated in order to decide the important question of law.