KESHAR SINGH Vs. DEU

JUDGEMENT

(1.) THIS is an application under sec. 439 of the Code of Criminal Procedure for revising an order passed by the Sub-Divisional Magistrate, Raj-samand on the 5th of September, 1967 in a proceeding under sec. 145 Cr. P. C.

(2.) THE brief facts which give rise to this application are that Kesharsingh, who claims to be the adopted son of Naharsingh, made an application on the 4th of March, 1967 under sec. 145 Cr. P. C. that 21 agricultural fields situate in village Farara at Gujra well belonged to him and have been in his cultivatory possession from the date of his adoption namely, 23rd August, 1952, and that he had paid land revenue in regard to these fields. His adoptive mother Mst. Deu, widow of Nahar Singh, who lived with him and who was maintained by him, created some misunderstanding between her and Lal Singh, who is the husband of Mst. Deu's daughter, and he was claiming the fields against the applicant and threatened to commit a breach of the peace in order to dispossess him. He further relied on the Ghast Girdawari. THE learned Magistrate by his order of the 14th March, 1967 passed a preliminary order and issued a notice to Mst. Deu, Lal Singh and 4 others. Mst Deu filed a reply with a plea that she had transferred by means of a gift deed dated the 31st of August, 1966 the agricultural lands in dispute to her son-in-law Lal Singh. Both the parties filed their affidavits and the Sub-Divisional Magistrate, Rajsamand relying on the affidavits filed on behalf of Mst. Deu came to the conclusion that she was in possession of the property in dispute and declared her possession until she was evicted in due course of law. Keshar Singh has come upto this Court.