BIKRAMA SAH Vs. BISHWANATH SAH

JUDGEMENT

(1.) This application in revision by the second party is directed against the final order passed in a proceeding under Section 145 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') in regard to a parcel of land measuring 16 dhurs within Chapra Municipality, bearing holding No. 177, Circle No. 3, Ward No. 1.

(2.) The case of the first party opposite party was that the disputed land was recorded in the Chapra Municipality in the name of one Amarnath Sah and that the first party had purchased it from the latter by a registered sale deed of the 5th of January, 1970 and since then the first party had been in possession of the same. It was alleged by the first party that on 5-8-1970 during the pendency of a proceeding under Section 144 of the Code the second party forcibly broke open the house and occupied it for which he was being prosecuted under Section 188 of the Indian Penal Code,

(3.) The case of the second party petitioner is that he had taken settlement of the land in dispute from Ram Narain Sah, father of the said Amarnath Sah on 31-3-1949 by an unregistered document and that since then he was in possession of the land in dispute after constructing a house on it.