IMAMAN MIAN Vs. SALIGRAM SINGH

JUDGEMENT

(1.) THIS application is directed against the order dated the 7th February 1963, passed by a Magistrate, first class, Chatra, confirming the possession of the first party to a proceeding under Section 145, Criminal Procedure Code and, forbidding any disturbance to such possession till eviction in due course of law. The second parties are the petitioners. They urged in support of the petition that the learned Magistrate has not considered the documentary evidence of possession adduced on behalf of the petitioners or for the matter of that on behalf of the opposite party as well. No one appears on the other side.

(2.) I have read the order of the learned Magistrate. I find there is substance in the contention urged on behalf of the petitioners. The learned Magistrate has no doubt enumerated the documents filed on behalf of the parties. Unfortunately he has failed to address himself to a consideration thereof. The documents are mainly documents bearing on the question of possession. If he had come to some conclusion one way or the other with reference to the documents filed on behalf of the parties, I have no doubt his conclusion would have had a necessary bearing on the value of the affidavits filed on behalf of the parties.

(3.) THE application thus succeeds and the rule is made absolute. Revision allowed.