CHHOTI Vs. SHARAFAT ALI

JUDGEMENT

(1.) THIS is a revision application directed against the judgment of the learned Addl. Sessions Judge, Jhalawar, dated September 20, in a proceeding under sec. 145, Criminal P. C.

(2.) SHARAFAT Ali filed an application under sec. 145, Criminal P. C. on July 28, 1969 in the Court of the Sub Divisional Magistrate, Iklera saying that in village Daletpur Tehsil Iklera he had agricultural land measuring 31 Bighas and 16 Biswas in his possession and that the opposite parties Mst Choti, Azim Hussain, Ramzan and Gul Mohammad had forcibly dispossessed him. Reply was filed on behalf of the opposite parties saying that in the land in dispute there were trees of 'mauwa' and mangoes, the fruits whereof were being taken by Mst. Chhoti. They disputed that they had forcibly dispossessed SHARAFAT Ali. The parties filed their written statements, affidavits and certain revenue records. The learned Sub Divisional Magistrate after examining the record came to the conclusion that SHARAFAT Ali was not in possession of the land measuring 5 Bighas 18 Biswas but he was in possession of 25 Bighas 18 Biswas. He accordingly declared his possession and ordered that he may be put in possession thereof but by way of a proviso he added that the possession of the trees standing on this land was that of Mst. Chhoti and that she would remain in possession there of until she was evicted in due course of law. Dis-satisfied, Mst. Chhoti and Azim Hussain preferred a revision application before the learned Additional Sessions Judge, Jhalawar, who found fault with the case of the applicant Mst. Chhoti that she had not even filed an answer and he saw ho reason to disturb the finding reached by the learned Sub Divisional Magistrate. Mst, Chhoti and Azim Hussain are still dissatisfied and they are before me

(3.) I accordingly, quash the orders of the learned Magistrate and that of the learned Additional Sessions Judge and send this case back to the learned Sub Divisional Magistrate, Iklera to decide it expeditiously. .