LAWS(PAT)-1996-9-54

LKHPATI RAI Vs. STATE OF BIHAR

Decided On September 11, 1996
LAKHPATI RAI Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) This revision is directed against the order dated 27-9-1989 of the Additional Sessions Judge, Pakur.

(2.) It appears that the Executive Magistrate, Pakur, initiated proceedings under Section 145, Cr. P.C. on the basis of the application dated 4-5-1978 of Shankar Rai, predecessor in interest of the O.P. Nos. 2 and 3, and Bipin Rai. The applicant and the O.P. No. 7. Baccha Tiwari appeared before the Executive Magistrate and filed their written statements specifically denying that there was any apprehension of breach of peace between the parties. The Executive Magistrate proceeded to record the evidence of the parties. The applicant led evidence to show that he was in actual possession of the land in dispute. On the other hand, Shankar Rai and Bipin Rai, at whose instance the proceeding was initiated, led evidence to show that the O.P. No. 7, Bachha Tiwari was in possession thereof. Bachha Tiwari also led evidence in support of his claim that he was in possession of the land in dispute under Section 22 of the Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949. The Executive Magistrate, on his coming to the conclusion that the applicant was in actual physical possession of the land in dispute, vide his order dated 5-8-1987 restrained the opposite parties from interfering in his peaceful possession thereon till the decision to the contrary of some Court of competent jurisdiction O.P. No. 7, Baccha Tiwary filed revision, which was allowed by the Additional Sessions Judge, Pakur on 27-9-1989. Feeling aggrieved, the applicant has filed this revision. .

(3.) Heard the learned Counsel for the parties ana perused the record.