DHONDHAI SINGH Vs. FOLLET

JUDGEMENT

(1.) On the 3 November 1902 one Bhagwan Dutt Chowdhry, a servant of the Rewani indigo factory, filed a petition before the Sub-divisional Magistrate of Samastipur, alleging that there were some lands in the village of Patpara which were in possession of the factory, and that the maliks of Patpara were trying to take possession of these lands. He asked the Magistrate to direct the police to take action in the matter. The Magistrate thereupon ordered a police inquiry. On the 19 November 1902 the police submitted a report to the effect that the manager and the tokedar of the Rewani factory as representing the interest of the proprietors of the factory on the one side, and Dhondhai Singh on the other, were the disputing parties, that the lands in dispute appeared to be in possession of the factory and the police further submitted that proceedings should be taken under Section 145 of the ?Criminal Procedure Code to prevent a breach of the peace.

(2.) On the 27 November 1902, proceedings under Section 145 of the Code were drawn up and orders were issued calling in Mr. Follet as manager of the Rewani factory, as the first party, and Dhondhai Singh, as the second party, to file their written statements and documentary evidence as to the possession of the disputed lands. A written statement was filed on behalf of the first party alleging that the lands were in possession of the Rewani factory. The second party also filed a written statement alleging that he could not understand what lands were referred to in the proceedings.

(3.) On the 23 December 1902 the police were ordered to investigate and report, and on receipt of their report ascertaining the lands, an order was passed by the Magistrate declaring Mr. Follet, manager of the Rewani factory, to be in possession of the lands in dispute.