BOBDA Vs. NANGI

JUDGEMENT

(1.) THIS is a reference by the District Magistrate, Rajgarh Headquarters Alwar, on 28th September, 1967, setting aside the order of Sub-Divisional Magistrate, Rajgarh, declaring in a case under sec. 145 Cr. P. C. party No. 2 in that case to be entitled to the possession of the disputed land until evicted therefrom in due course of law and prohibiting disturbance of such possession. The learned District Magistrate has taken the view that the affidavits filed by party No. 2 were not valid as they were sworn before the Notary Public and that the Sub-Divisional Magistrate, Rajgarh, was wrong in relying on those affidavits. The learned District Magistrate has relied on the decision of this court in Hemdan vs. State of Rajasthan (1 ). The reference was listed for hearing before a single Judge. After hearing the arguments, Beri J. has referred this case to a Division Bench as in his opinion that decision deserved re-consideration. It is in this way that this reference has come before us.

(2.) ON the examination of the record, we find that the affidavits filed by party No. 1 were also not sworn before the Sub-Divisional Magistrate, Rajgarh but were sworn before the Second Class Magistrate, Thanaganj, and it is also to be considered whether the affidavits filed by part No. 1 could be acted upon as evidence.

(3.) THE case has become an old one and we are of the opinion that the view taken by the Sub-Divisional Magistrate, even if we ignore the affidavits, is correct.