SEWA SINGH Vs. KAPOOR SINGH

JUDGEMENT

(1.) THIS reference has been made by Additional Sessions Judge, Jammu, recommending that the order dated: July, 28, 1990 passed by the Executive Magistrate, Samba, under section 145 Cr. P. C be set aside and the case be remanded to him for fresh decision, after carefully appreciating the documents and affidavits filed by the parties.

(2.) FACTS giving rise to the recommendation may briefly be recapitulated.

(3.) KAPOOR Singh and another respondent herein, filed an application before the Executive Magistrate, Samba, alleging that Respondent Sewa Singh therein, without any right or title was trying to dispossess the applicants from the land in dispute. The learned Magistrate framked preliminary order and ultimately dismissed the application, the matter was taken up in revision before the Sessions Court and the learned Session Judge was of the view that the revision merited acceptance and made a reference to this Court recommended that the judgment order of the learned Magistrate be quashed. This reference was accepted and order of the Executive Magistrate was set aside and the case was remanded to him for a fresh decision. The trial Magistrate vide order dated 28 -7 -1990 allowed the application, holding that the applicants were in peaceful cultivating physical possession of the land in dispute and that the non -applicant was trying to take forcible possession there of. Aggrieved by this order, Sewa Singh filed a revision petition.