RUGGA NATHA Vs. MOONA NANDA

JUDGEMENT

(1.) THESE are two connected cases. The facts, which have given rise to them, are these :

(2.) RUGGA brought a suit in the Court of Assistant Collector, Nawa, for a permanent injunction restraining Ratna, Moona and others from interfering with his possession over the northern half of field known as Pancholiawala consisting of plots Nos. 293 and 294 on 21-6-1956. On the same day the Assistant Collector granted a temporary injunction in favour of Rugga, which was confirmed on 28-61956. Against this order Ratna filed an appeal on 3-7-1956, to the Additional commissioner, who stayed the operation of the order of temporary injunction.

(3.) ON 5-9-1956 Rugga filed an application under Section 145 of the Code of criminal Procedure in respect of the same field against Ratna, Moona and others in the Court of the Magistrate on the allegation that there was an apprehension of breach of peace taking place as the opposite party was trying to dispossess him on account of the fact that the operation of the order of temporary injunction had been stayed. The Magistrate was satisfied that there was an immediate apprehension of breach of peace, and he ordered attachment of the field. After an enquiry he held on 20-11-1956 that Ratna, Moona and others were in possession. He accordingly released the field in their favour, and forbade Rugga from interfering with their possession till they were evicted by a competent court.