MOHAMMADA Vs. ALI MOHD

JUDGEMENT

(1.) THIS revision is directed against the Judgment passed by learned Sessions Judge, Rajouri in File No.15/Revision dated 31.03.1998. A revision was filed before the revisional Court below by Mohammada, who was originally arrayed as one of the respondents in proceedings under Section 145 of the Code of Criminal Procedure filed by Ali Mohammad above named.

(2.) OUT of land measuring 24 Kanals and 12 marlas comprised in Khasra No.210, situated in village Plangar, Tehsil Thanamandi, 12 kanals and 6 marlas was ordered to be attached by the trial Court (A. D. M. Rajouri) vide his order dated 12.09.1997. According to averments in the application under Section 145 of the Cr. P. C. filed by Ali Mohd. respondent before the Court below, the land in question is an Evacuee Property. Share of Mohammada works out to 12 Kanals and 6 marlas. All this area, petitioner No. 1 claims to be in possession since long exclusively and remaining property was in the custody of respondent No. 1 and one Mohd. Bashir. Whereas case of Ali Mohd. respondent was that he is in possession of 16 Kanals and 12 Marlas of land comprised in Khasra No.210, but Mohammada petitioner had in connivance with the revenue staff get entries made in his favour qua area measuring 12 kanals and 6 marlas. Since respondent apprehended to be dispossessed from the land in question at the hands of the petitioners, therefore, a prayer was made under Section 145 (1) of the Cr. P. C. for passing interim order directing the petitioners not to interfere with the land measuring 12 kanals and 6 marlas, out of Khasra No. 210 or to evict him from the said land forcibly. At the very out set, it may be noted that application under Section 145 (1) of the Cr. P. C. which is at pages 8 and 9 of the trial Court file is unsigned. Original application filed by the respondent came to be forwarded by the trial Court to S. H.O. P/S Thanamandi for detailed verification and report in the light and contents of the application.

(3.) IN support of his case, respondent produced affidavits of the following persons, namely, A) AN Mohd., B) Shabeer Ahmed, C) Lal Hussain and D) Mohd. Anwar. There are two affidavits of AN Mohd. S/o. Aziza. These original affidavits are at pages 21, 22, 23,24and 25 on the file of the trial Court. Unfortunately, none of these affidavits are signed by any of the Deponent. All these affidavits are attested by Additional District Magistrate, Rajouri. Matter did not rest here, but in his order dated 12 -9 -97, which is at pages 27 and 28 of the file amongst other things it has been stated as under : -