KALURAM Vs. VIJAIRAJ

JUDGEMENT

(1.) This reference comes on the report of the learned Sessions Judge, Balotra, dated 9.3.61.

(2.) The facts giving rise to it are that on 13.8.59 one Kaluram, who will be referred hereinafter as "the applicant," presented an application in the court of the Sub Divisional Magistrate, Balotra, under sec. 145 Cr. P. C. against six persons, who will be referred hereinafter as "non -applicants." It was stated by the applicant that certain agricultural plots of land whose boundaries were given in the application and which were irrigated by a well called Amratia in village Siwana, were comprised within the jagir of one Vijairaj, but those plots were cultivated by him, Guman Khan and Surajmal and they were in their cultivatory possession for a long time. Vijairaj had filed a false case against him under sec. 147 and 504 I.P.C. in the court of Second Class Magistrate, Siwana, in order to dispossess him from the said lands, but it was still pending in that court. It was further alleged that on 12.8.59 when the applicant was ploughing some fields for growing wheat crop, the non -applicants entered the disputed property and asked the applicant to vacate the fields. They also threatened him with violence and if certain persons had not intervened, he would have been done to death. It was also alleged that the non -applicants had tried to damage his crop which was standing on a portion of the disputed property. It was prayed by him that there was an apprehension, of the breach of peace and therefore proceedings should be taken under sec. 145 Cr. P. C, that the disputed property may be attached meanwhile and eventually restored to his possession.

(3.) On receiving this application, the Sub -Divisional Magistrate forwarded it to the police station, Siwana, for enquiry and necessary action. After making some enquiry, the police reported on 10.9.59 that Bajri crop was standing on a part of the disputed property, that each party claimed that the said crop was grown by it, that Vijairaj had taken proceeding against the applicant in Tehsil Siwana for his ejectment but it was still pending and therefore it was prayed that the disputed property should be attached under sec. 145 Cr. P. C. till the decision of the case pending before the Tehsildar. It appears from the record that no order was passed by the Magistrate on this report.