SAMANDAR SINGH Vs. CHHOTU

JUDGEMENT

(1.) THIS is a revision by Samdarsingh of Soliana, Tehsil Nagaur, against the order of the learned Sub-Divisional Magistrate, Nagaur, dated 29th November, 1951, in a case under sec. 145 Cr. P. C. The material facts leading up to this revision may shortly be stated as follows:

(2.) SAMDARSINGH moved the police that the opposite parties had taken unlawful possession of a certain house situated in Soliana on 21st August, 1948, and that there was an apprehension of a breach of the peace and, therefore suitable action be taken against them. Thereupon the Sub-Inspector of Police Station Moondwa presented an application in the court of the learned Magistrate against the opposite parties praying for action under sec. 145 Cr. P. G. The learned Magistrate passed a preliminary order on 1st September, 1941, and called upon the opposite parties to file a written statement of their claim, which they did. It also appears that the house was attached by the learned Magistrate. After recording the evidence of the parties, the learned Magistrate seems to have completely misdirected himself and came to the conclusion that the property in dispute appeared to him to be 'lawaldi' property of one Binja who had died about eight years ago, and he, therefore, passed an order that proceedings under the Escheat of Property Ordinance, 1921, of the former State of Jodhpur be started. The learned Magistrate further directed that the opposite parties Chhotu be allowed to remain in possession of the house as tenants on their executing a rent-deed. This order was passed on 29th November, 1951. The petitioner took a revision from the above order to the learned District Magistrate, Nagaur, who dismissed the revision by his order dated 5th June, 1952. Hence the present revision.