(1.) This application in revision has been preferred by the two petitioners, who are sons of Yamuna Upadhaya, against the final order passed by the Magistrate under Section 145 of the Criminal Procedure Code (hereinafter referred to as 'the Code). The petitioners were the first party, whereas the opposite party were the second party, in the said proceeding, which was initially started under Section 144 of the Code on 15-7-G6 on the basis of a Police report dated 10-7-66, Later on, it was converted into a proceeding under Section 145 of the Code by order dated 9-8-66. The Magistrate also attached the disputed property under Section 145(4) of the Code.
(2.) The area under dispute in the said proceeding was 35.23 acres land in various plots situated in four villages, namely, Kurhnu, Kilni, Harkatha and Chakira, within police station Chand in the district of Shahabad details of which are given in the order of the Magistrate. It may be rioted that in village Kilni the total land in dispute is 13.22 acres.
(3.) The facts which have given rise to this application may be briefly stated: The case of the petitioners was that the land in dispute belonged to Mossomat Bhago Kuer and Mosscmat Dhanesra Kuer, the two widows of Kirtarath Pandey of village Kurhnu, Police Station Chand, The disputed land included those inherited by the two widows from Kirtarath as also some lands which they acquired themselves. The aforesaid Kirtarath Pandey was a grandson of Gopal Pandey. It will be convenient here to give the genealogical table which is as follows:-- <FRM>JUDGEMENT_317_AIR(PAT)_1969Html1.htm</FRM>