PEMA RAM AND OTHERS Vs. BHAGIRATH AND OTHERS

JUDGEMENT

(1.) This is an application in revision filed by Pema Ram and Bhagwan Ram against an order of the Sessions Judge, Sri Ganganagar, dated 11th Jan., 1975, by which the order of the Sub-Divisional Magistrate, Hanumangarh, dated 26 Feb., 1974, in a proceeding under S. 145, old Criminal Procedure Code, declaring the possession of the two petitioners on 15 Bighas of Agricultural land in Chak No. 6 KHM of village Khantawali, Tehsil Suratgarh, was set aside and the possession of Bhagirath, non-petitioner No. 1, was declared thereon at the date of the preliminary order and within two months next before it until he was evicted therefrom in due course of law. It was further ordered by the Sessions Judge that the possession of the land shall be delivered to Bhagirath and the sale proceeds of the crop shall be paid to him after deducting 10% commission.

(2.) The relevant facts giving rise to this revision-petition may be shortly stated as follows :

(3.) The parties appeared before the Sub-Divisional Magistrate and submitted written statements of their respective claims as respects the fact of actual possession of the land in dispute. They put in affidavits of their witness also along with certain documents. The Sub-Divisional Magistrate considered the entire evidence led by the parties in support of their respective claims and came to a conclusion that Pema Ram and Bhagwana were in possession of the land in dispute two months prior to the date of attachment, i. e. 9. 4. 1973. Aggrieved by this order Bhagirath filed a revision-petition in the court of the Sessions Judge, Sri Gangaugar who accepted the revision-petition and set aside the order of the Sub-Divisional Magistrate and declared the possession of Bhagirath over the land in dispute at the date of the preliminary order or within two months next before it, as stated above. Hence, Pema Ram and Bhagwana have come-up to this Court in revision.