JITENDRA PANDEY Vs. BAGAR SAH

JUDGEMENT

(1.) This application by the second party to a proceeding under section 145 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' is directed against the order dated 29-12-1976 of Shri H. N. P. Singh, Magistrate, Bettiah, by which he has declared the possession of the first party over 4 kathas and 20 dhurs of land comprised in in survey plot no. 5031, appertaining to khata no. 132 and survey plot no. 5524 appertaing to khata no. 133 both in village Jaitia, P. S. Champatia in the district of West Champaran.

(2.) Admittedly, the lands which were the subject-matter of the proceeding, originally belonged to two brothers Muni Sah and Tepeswar Sah, Muni Sah died leaving behind a widow Rajpatia and Tapeshwar Sah died leaving behind two daughters Turiya and Paswa. The first party Bagar Sah, who is the opposite party in this court, is son of Turiya.

(3.) The case of the first party, briefly abated, is that Tapeshwar Sah died in the year 1936 in a state of jointness with his brother Muni Sah and all the properties devolved by survivorship on his brother Muni Sah and, therefore, Muni Sah become the sole owner of the entire land of the family including' the disputed land. On the death of Muni Sah in the year 1956, his properties devolved on his widow and heir Mst. Rajpatia who sold the land in dispute to Begar Sah, the first party, by a registered sale-deed in the year 1962 and put him in possession and that Begar Sah continued to be in possession thereafter.