MURLIDAS Vs. KISHANRAM

JUDGEMENT

(1.) THIS is a reference by the learned District Magistrate Jhun-jhunu, in a case under section 145 Cr. P. C. on an application for revision filed by Murlidas who for the sake of convenience, will be hereinafter referred to as second party. The proceedings were taken on the application of Kishanram who would be hereinafter referred to as the first party.

(2.) THE learned Sub-Divisional Magistrate, Jhunjhunu drew up a preliminary order on the 6th October, 1947, and issued notices to and called upon the parties to file their respective written statements. Interim attachment of the land in dispute was also made. Both the parties filed their written statements and adduced evidence in consonance with the provisions of section 145 Cr. P. C. THE learned Magistrate came to the conclusion that the first party had continuously been in possession for a very long time till the date of the preliminary order and consequently declared that the first party who had been in continuous possession was entitled to maintain possession.