BEERBAL Vs. KHAMBARAM

JUDGEMENT

(1.) THIS case comes on a reference from the Additional Sessions Judge, Jhunjhunu dated the 6th September, 1951.

(2.) THE facts giving rise to it are that two persons Khambaram and Rituram filed an application against 19 persons on 5. 7. 50 in the court of S. D. M. Jhunjhunu for proceedings under sec. 107 Criminal Procedure Code. That case was transferred by the D. M. Jhunjhunu to the court of S. D. M. , Khetri where it was put up on 17. 3. 51 for the first time. On the 20th November, 1950 the applicants filed in the court of the Sub-Divisional Magistrate, Khetri another application under secs. 107 and 145 Criminal Procedure Code. In both the applications, it was alleged that the field called Doli Shyamji Jasoopurwali measuring 101 bighas situated in village Dodhat, District Jhunjhunu was given to them for cultivation by its owner Chetan Dass, that they were actually cultivating it, but since they anticipated a breach of peace by the opposite parties it was prayed that they should be bound down for keeping peace. THE Sub-Divisional Magistrate, Khetri examined the applicants and passed an order on 25th November, 1950 purporting to take proceedings both under secs. 145 and 107 Criminal Procedure Code. On the 31st July, 1951, he passed an order directing the opposite parties to furnish bonds with surety to the extent of Rs. 500/- and keep peace for six months and at the same time it was ordered that the possession of the disputed land which was meanwhile kept in attachment by the court, be given to the applicants.