PRITAM SINGH Vs. RANJIT SINGH

JUDGEMENT

(1.) THESE are two revision applications directed against the orders passed by the learned Sub Divisional Magistrate, Karanpur on 12-5-1969 in proceedings under section 145 Criminal Procedure Code. The two revision applications present similar features and can conveniently be disposed of together. I may narrate the facts with reference to S. B. Criminal Revision No. 88 of 1970.

(2.) PRITAMSINGH, Party No. 1, in the proceedings before the learned Sub Divisional magistrate made an application under Section 145 Criminal Procedure Code to the learned Sub Divisional Magistrate on 17-9-1968 in respect of squares Nos. 33 and 35 of Chak No. 1 N, and alleged that the petitioner was in peaceful possession of these squares, but party No. 2, Ranjitsingh had unlawfully taken possession of the land and destroyed the crop raised by party No. 1. This land was entered in the name of Ram Singh's son Harbans Singh, Harbans Singh was alleged to have sold this land to party No. 2 Ranjitsingh, but in spite of the sale Pritamsingh Party No. 1 continued to be in possession thereof. Pritam Singh was the brother of harbansingh's wife Jasbinder Kaur. Smt. Jasbinder Kaur, after the death of her husband started living with her brother Pritamsingh, No. 1. Harbans Singh had three children two daughters and one posthumous son born two months after harbans Singh's death. On the day the application was made the learned Sub divisional Magistrate passed a preliminary order and attached the land. Pritamsingh filed his statement claiming possession of the land in dispute. Both the parties filed a number of affidavits. Ranjitsingh filed 25 affidavits and Pritam singh filed 34 affidavits. Pritamsingh also filed (1) the sale deed in his favour executed by late Harbanssingh: (2) Girdawari of Kharif 1968; (3) demand slip for 4 Kilas in the name of Ranjit Singh and for the remaining Kilas of the square in the name of Pritamsingh. He also examined DW 1 Sohanlal and DW 2 Anandsingh, the station House Officer. On 12-5-1969, the learned Sub Divisional Magistrate declared Ranjitsingh to be in possession of the land.

(3.) THE second revision application No. 89 of 1970 arises out of 145 Criminal procedure Code proceedings launched before the learned Magistrate by pritamsingh in respect of squares Nos. 33 and 35. In that case Ranjitsingh denied that the land was in possession of Pritamsingh and both the parties filed their respective affidavits and documents.