JAGAN NATH Vs. GOKAL CHAND

JUDGEMENT

(1.) THE dispute between the parties pertains to the land measuring 11 kanals and 15 marlas covered by survey Nos. 254/191/6, 255/191/6, 257/191/6, 257/191/6, 258/7 and 261/7 situate in village Patyeli tehsil Jammu. Respondent Gokal Chand filed two petitions under Sec. 145 Cr. P. C. against the petitioners herein before the Addl. District Magistrate, Jammu,/ who, vide his order dated 7.11.1990 held that non -applicant No. 3 before him was not in possession of the land in dispute two months prior to the passing of the preliminary order and had tried to take possession of the land without due process of law. It was further held that the applicant was in possession of the land in dispute two months prior to the passing of the preliminary order and was entitled to retain possession unless dispossessed in due course of law. Aggrieved by the order of the trial magistrate, the petitioners herein filed criminal revision petitions and the learned Addl. Sessions Judge, Jammu, vide his order of reference dated 25.11.1992 has recommended for setting aside the judgment of the trial court and for reference of the dispute to civil court for adjudication.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) THE facts of the present case are that after the death of Titroo, Gokal Chand respondent herein preferred a claim of being in cultivating possession of the disputed land irrespective of the fact that the name of Mst. Punna. W/o Titroo was recorded in the revenue record as being in possession of the property. After the death of Mst. Punna on 10.7.1989, he filed petitions under Sec. 145 Cr. P. C. on 19.81989 and alleged that the petitioners herein, namely, Dev Raj, Jagan Nath and Krishan had dispossessed him and took forcible possession of the land on 13.8.1989 besides threatening to kill him if he dared to re -enter the land. Preliminary order was drawn on 12.8.1989 and the disputed land was attached which was kept on the superdnama of Lumberdar of the village. The claimant Gokal Chand filed affidavits of S/Shri Misher Dass, Kaku Ram and Sansaro Devi. He also produced copies of Khasra Girdawari and mutations No. 68 and 85 sanctioned under Sections 4 & 7 of the J&K. Agrarian Reforms Act, The statement of Patwari as a witness was recorded at the instance of counsel for Gokal Chand. The petitioners herein filed the affidavits of S/Shri Kuldip Raj, Munshi Ram, Shiv Ram and Jagan Nath.