CHANDRAN Vs. EMPEROR

JUDGEMENT

(1.) A certain holding was for some years before 1913 in the possession of Sheikh Akhju as a non-occupancy riot.

(2.) In 1913 the holding was sold in execution of a decree for arrears of rent when it was purchased by one Sheikh Jhuman. The purchaser sublet the holding to Hulas and Bhana as bataidars, one of whom at least had been occupying the land before the sale as tenant of Sheikh Akhju. In September 1931, Jhuman executed a sale-deed by which he purported to transfer the land to one Sheikh Chandra for Rs. 700 and then Hulas and Bhana executed a kabuliyat in favour of Sheikh Chandan. Subsequently the bataidars served notice on Sheikh Chandan of their intention to abandon this land.

(3.) On 27 March 1932, a riot occurred in which the party of Sheikh Akhju was concerned on one side and that of Sheikh Chandan on the other. According to the findings of the Magistrate, Sheikh Akhju was ploughing the field with his two sons and two labourers, when Sheikh Chandan with a large party came to the place and turned him out by force. Sheikh Chandan's party was charged with rioting with the common object of dispossession of Sheikh Akhju and his sons from the actual and physical possession of this land; and the petitioners have been convicted of this offence and fined each Rs. 50, being further bound down under Section 106, Criminal P.C., to keep the peace for one year.