DHANUSHDHARI DAS Vs. MATHURA SAH

JUDGEMENT

(1.) This application by Mahaot Dhanushdhari Das and two others Under Sections 397 and 401 of the Cr.PC 1973 is directed against the order dated the 20th Aug., 1975, passed by the Additional Sessions Judge setting aside the order dated the 29th Nov., 1972 passed by the Magistrate, First Class, declaring possession of the petitioners over the disputed land in a proceeding Under Section 145 of the Cr.PC 1898.

(2.) The petitioners were members of the first party in the said proceeding. Opposite party Nos. 1 to 3 were members of the second party, opposite party Nos. 4 to 16 were the members of the third party and opposite party No. 17 was the member of the fourth party in the said proceeding.

(3.) Nobody appears on behalf of any of the opposite parties. In order to appreciate the points involved in this application, it will be necessary to state some relevant facts. The Magistrate, as mentioned above, had passed a final order in the said proceeding, on the 29th Nov. 1972, declaring the possession of the disputed property in favour of the petitioners. The disputed land measures 3 big-has, 5 kathas and 14 dhurs, comprised under various plots bearing khata No. 65 situate in village Bariarpur, Police Station Adapur in the district of East Champaran. Aggrieved by the order of the learned Magistrate dated the 29th Nov. 1972 the members of the second party, namely opposite party Nos. 1 to 3 and some other members of the third party, namely, opposite party Nos. 4 to 10 filed a revision application before the Sessions Judge on the 11th Dec. 1972. The learned Sessions Judge by his judgment dated the 20th Aug. 1975 was pleased to allow the revision application filed by those opposite parties and set aside the order. of the learned Magistrate dated the 29th Nov. 1972.