LAWS(PAT)-1967-1-1

AYODHYA PRASAD TEWARI Vs. HOPAL MANJHI

Decided On January 31, 1967
Ayodhya Prasad Tewari Appellant
V/S
Hopal Manjhi Respondents

JUDGEMENT

(1.) THIS application by the second set of second party in a proceeding under Section 145 of the Code of Criminal Procedure is directed against the order of the Magistrate dated the 14th June, 1967, declaring the possession of the first party. The disputed lands appertain to khata Nos. 124 and 171 of village Rajgaon tola Barmasia, police station Pirpainty, district Bhagalpore. The lands of khata Nos. 124 and 171 belonged to Sheikh Ishaque and Sheikh Ismail who were the occupancy raiyats in respect of the aforesaid lands. Under khata No. 124 there were several sikmi tenants at the time of the record of right. It is not necessary to give them in detail. Lands of khata No. 171 originally belonged to one Sarwang Manjhi as raiyat who sold them to Sheikh Ishaque and Sheikh Ismail by virtue of a registered sale deed. It may be mentioned that before the purchase by Sheikh Ishaque and Sheikh Ismail they were the usufructuary mortgagees of the said lands.

(2.) THE case of the members of the first party is that they are heirs of the different sikmidars who were in possession of the lands, and they have been cultivating and dividing the crops with the maliks. As regards the lands of khata No. 171 their case is that after the sale, the purchasers gave the lands to Sarwang Manjhi on batai and after the death of Sarwang Manjhi, his heirs have been coming on in possession of the lands and dividing the crops with Sheikh Ishaque and Sheikh Ismail.

(3.) THE parties filed written statements and adduced evidence in support of their respective claims. The learned Magistrate referred the matter to the Subordinate Judge Bhagalpore, who held possession of the first party by his judgement dated the 9th May, 1967, and, accordingly, the Magistrate, Bhagalpore, declared possession of the first party by his order dated the 14th June 1967. Hence this application by the second set of the second party. Mohammad Husain, the first set of the second party has not moved this Court against the aforesaid order.