MOHAN LAL MAHTO Vs. JUGAL KISHORE MAHTO

JUDGEMENT

(1.) THIS criminal revision is directed against the order of 1st Additional judicial Commissioner, Ranchi in Cr. Revision No. 7 of 1988 passed on 9th June, 1989, setting aside the order of Executive magistrate in Case No. M-3/1976 dated 10. 12. 1982 by which the learned Magistrate had held and declared the petitioner's possession over the disputed land.

(2.) IT appears that proceedings under section 145 of the Code of Criminal Procedure (hereinafter referred to as the Code)were initiated in respect of plot no. 2345 area 5. 05 acres situated at village Lota, PS. Silli, District-Ranchi, in which the petitioner was the first party and the opposite parties were second party. The petitioner claimed title as well as possession over the disputed land while the second party asserted their possession over the disputed land since long. The opposite parties (second party)further alleged that in the record of rights the name of the grand father of the first party was wrongly recorded and on its basis the first party had been laying false claim of possession over the disputed land, ignoring the decree and delivery of possession in title Suit no. 3/35 and compromise in I. A. no. 123 of 1939 and Execution Case no. 44 of 1948 wherein actual physical possession was given to Madan Mahto, the ancestor of the second party/and, thereafter, the second party continued to remain in possession. It was further alleged that a title Suit no. 147 of 1975 was already pending as such the present proceeding under section 145 of the Code of Criminal Procedure should be stayed.

(3.) THE Executive Magistrate, after considering the documents and oral evidence on the records, decided the proceedings in favour of first party holding their possession over the disputed land. The Criminal revision filed by the opposite parties-second party was allowed and the order of the Executive magistrate was reversed holding that the second party was in possession of the disputed land. The revisional court also took into account the pendency of the Title suit no. 147 of 1975 when the proceedings under Section 145 of the Code of Criminal procedure ware initiated in which the disputed plot no. 2345 was also subject matter of the suit. Being aggrieved by the said order of the revisional court the petitioner first party have preferred this revision.