SARJUG SINGH Vs. RAMEKBAL SINGH

JUDGEMENT

(1.) This application is directed against an order dated the 17th June, 1985 passed by a Magistrate, First Class. Mr. M. Narain, Hajipur, in a proceeding under Section 145 of the Code of Criminal Procedure.

(2.) The present petitioner was the first party and the opposite party were the second party in the proceeding in the Court below. The dispute relates to 8 Kathas 16 Ohurs of land of plot No. 29 appertaining to khata No. 61 of village Dohaji Ramchandar, within Mahua p olice station in the district of Muzaffarpur, at No. 29 containing some larger area was admittedly the bakasht land of the ex-landlord Shri Rai Bahadur Shyam Nandan Sahay. The first party took settlement of the land in dispute from the aforesaid ex-landlord and was granted rent receipts by him, as also by the State of Bihar after vesting of Zamindari. In the recent survey the name of the petitioner was recorded in the Pareha, though at the instance of the opposite party that was challenged and the decision of the settlement authority is still awaited.

(3.) "The case of the opposite party, on the other hand, was that Palakdhari, who was the lather of opposite party Nos. 2 to 4 and uncle of opposite party No. 1, had taken settlement of various lands by means of a patta executed by the ex-landlord Shri Rai Bahadur Shyam Nandan Sahay in the year 1945, and the disputed plot was one of the lands settled with Palakdhari. Ever since the said settlement, the opposite party claim to have been in possession from the time of Palakdhari.