AHAD TRAG Vs. KHAZIR TRAG

JUDGEMENT

(1.) THIS revision petition is directed against an order passed on June 28,1971 by the Chief Judicial Magistrate, Anantnag under section 146 (1) Cr. P. C The order followed an enquiry under section 145 (4) Cr. P. C. as a result of which the learned Magistrate was unable to satisfy himself as to which of the parties was in actual possession of the disputed land at the relevant time. Accordingly the learned Magistrate, as he put it, directed -That the statement of facts of the case may be drawn up and sent to the Munsiff Tral along with the record to decide the question whether any and which of the parties was in posession of the land in dispute at the date of the order as ex -plained in Sub Section 4 of section 145 Cr. P. C."

(2.) BEFORE me the learned counsel for the petitioner urged the following two points : -

(3.) SECTION 145 (4), so far as relevant, provides : - The Magistrate shall then, without reference to the merits or the claims of any of such parties to a right to possess the subject of dispute, peruse the statements, documents and affidavits, if any, so put in, hear the parties and conclude the enquiry, as far as may be practicable, within a period of two men his from the date of the appearance of the parties before him and. if possible, decide the question whether any and which of the parties was at the date of the order before mentioned in such possession of the said subject."