SUNIL SARDAR Vs. JAGAT NARAYAN UPADHYA

JUDGEMENT

(1.) This criminal revision application is directed against the order dated 10-9-90 passed by Executive Magistrate, Pakur is T.R. 30/90 under Section 145 of the Code of Criminal Procedure by which the learned Magistrate has declared possession of the opposite parties over plot No. 882 of village Pakur.

(2.) It appears that proceedings under Section 144 of the Code of Criminal Procedure were initiated for a portion of plot No. 882 lying on the southern side of plot. The measurement of the said portion is 20' x 20'. Subsequently the proceeding were converted into a proceeding under Section 145 of the Code of Criminal Procedure on 25-1-82. The opposite parties were first party in the case while petitioners were second party in the case.

(3.) The case of the first party was that the first party No. 2 Smt. Ganga Devi was on record as successor-in-in-terest of recorded tenant Shri Bhola Nath alias Chandrashekhar Mishra and she has been in peaceful possession over the case through the father of first party No. 1 earlier and at present through first No. 1 who manages her all her property. It was further alleged that her possession over the same had been accepted by SDO Civil, Pakur and Deputy Commissioner, Dumka in settlement Case No. 150/68-69 in which one Umesh Choudhary prayed for settlement of plot No. 882 in his favour. The application of Umesh Choudhary was rejected when the SDO ordered to deposit arrears of rent which was deposited by Smt. Ganga Devi. It was further alleged that in the land encroachment Case No. 22/68-69 of L.R.D.C. Court, Pakur, the proceedings were dropped when the plea was made that Smt. Ganga Devi was in actual physical possession over plot No. 882.