UPENDRA KUAR AND OTHER Vs. PRAHALAD PRASAD SINGH

JUDGEMENT

(1.) This application has been filed for setting aside a final order dated 3.10.1986 passed in a proceeding under Sec. 145 of the Code of Criminal Procedure (hereinafter referred to as "the Code"). The dispute relates to plot nos. 1357 and 1358 of Khata No. 146 having total area of land measuring 7 Bighas 3 Kathas 1 Dhur situate in village -Deokali, P.S. Mohammadpur in the district of Gopalganj. The second party is the petitioner before this Court.

(2.) The facts which led to the filing of this application, in short, are that on the basis of a police report, a proceeding under Sec. 144 of the Code was initiated which subsequently was converted into proceeding tinder Sec. 145 of the Code.

(3.) The petitioners claimed the disputed plots which is a tank and its Bhinda on the basis of two sale deeds executed in the year 1970 and 1975 by the original owner and on the basis of the aforesaid sale -deeds, they came in possession of the lands in dispute. According to the case of the petitioners, these two survey plots have been recorded in the name of Ramadhar Dubey and Mukhlal Dubey etc. in the record of rights. The heirs of recorded tenant Jhakkar Dubey, Nakha Dubey and others used to pay rent to the Ex -landlord and after the abolition of the Zamindari under the Bihar Land Reforms Act, they were paying rent to the State of Bihar.