SANWAL Vs. MEDI

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge Bharatpur, recommending that the order passed under section 145 Cr. P. C. by the Magistrate First Class, Dig, on 5th July, 1949, for the restoration of possession over a "gaint" to Medi be set aside.

(2.) THE facts of the case are that one Medi filed an application under the said section against Sanwal and 4 others in the Court of the First Class Magistrate, Dig, on 5th July, 1949, alleging that Sanwal, Birju and others had taken forcible possession over a "gaint" on 2nd July, 1949, and that there was an apprehension of the breach of the peace. THE said Magistrate, after sending for a report from the Police and on being satisfied that a dispute likely to cause a breach of the peace concerning agricultural land existed made a preliminary order in writing on 7th September, 1949 and called upon Sanwal and others to produce their evidence relating to the possession of the disputed land. THE said Magistrate after holding an inquiry came to the conclusion that Medi was forcibly dispossessed by Sanwal and others on 2nd July, 1949, and that he was in possession of that and within two months of the date of dispossession and, therefore, passed an order on 30th October, 1949 for the restoration of possession over that land to Medi. Sanwal and others moved the Sessions Judge, Bharatpur, in revision against this order of the First Class Magistrate, Dig, and hence this reference.