BAGE KHAN Vs. BAGA RAM

JUDGEMENT

(1.) THIS reference has been made by the learned Sessions Judge, Sikar, recommending that the order of the Sub-Divisional Magistrate, Sikar, dated 5th July, 1952, in favour of Bagha Ram (hereinafter to be referred to as the complainant) against Bage Khan, Azim Khan, Asghar Khan, Sadool Khan and Sheo Bux (hereinafter to be referred to as the opposite parties) be set aside. The circumstances leading to this reference are as follows: -

(2.) THE complainant filed an application before the Sub-Divisional Magistrate, Sikar, on the 14th of June, 1951, against the opposite parties, and it was alleged that he had cultivated 17 kahcha bighas of land of plots Nos. 12 to 15 in Kirdoli, but Bage Khan and Asghar Khan asked the opposite party Sheo Bux to cultivate those fields, and were forcibly preventing the complainant from proceeding with his cultivation, by which there was an apprehension of the breach of the peace. On this application, the learned Magistrate examined the complainant and being satisfied that there was an apprehension of a breach of the peace, made a preliminary order on the 16th of June, 1951, calling upon the parties to file their written statements respecting their relative possession, and produce such evidence as they thought proper. Both the parties produced their evidence, and the learned Magistrate was satisfied that the possession was with the complainant. He, therefore, made an order in favour of the complainant, that he was entitled to remain in possession of the property in dispute till he was evicted in due course of law. Against this order Bage Khan went in revision to the Court of Sessions Judge, Sikar, who has made a recommendation to this Court that the order be set aside, because there was not enough material before the Magistrate to assume jurisdiction under sec. 145 of the Code of Criminal Procedure, inasmuch as the complainant had failed to prove that there was any show of force or any force was used by any of the opposite parties.