RAM KRIPAL SINGH Vs. SIDHESHWAR SINGH

JUDGEMENT

(1.) This is a criminal motion against an order passed by the Sub-divisional Magistrate of Dinapur dated 10 July 1940. It appears that in village Bishundattpur there is a plot of land bearing survey No. 722.

(2.) The case of the petitioners is that they are the occupancy raiyats of the land, whereas the case of the opposite party is that though they were in possession of the land formerly, they had abandoned it many years ago. On 27 June 1940, the Sub-divisional Magistrate of Dinapur, issued a notice under Section 144 against the second party directing them to abstain from going near the land in dispute and not to commit any breach of the peace. On 4 July 1940, a similar notice was issued against the opposite party as well.

(3.) On 10 July 1940, the learned Magistrate converted the proceeding before him into one under Section 145, Criminal P.C., observing that there was still an apprehension of the breach of the peace and the possession of the disputed land had therefore to be properly determined.