MAHABIR SINGH Vs. EMPEROR

JUDGEMENT

(1.) The facts of the case are these. One Barho Babu purchased in execution of his mortgage decree against accused, Malu Singh about 21 bighas of land belonging to him situated in village Barhauna, Police Station, Hasua, District Gaya. One of the plots so purchased was plot No. 4714 in khata No. 955 where the occurrence, the subject-matter of the present case, took place. According to the prosecution possession was delivered to the decree-holder auction-purchaser on 12 March 1932, and was formally taken on his behalf by the witness, Ramlal Singh, his servant. The defence however denied this delivery of possession, and I shall refer to it later. Next day after this delivery of possession there was an apprehension of a breach of the peace, as Barho Babu's men wanted to harvest the standing rabi crop.

(2.) The police of Hasua inquired into the matter and reported for an action under Section 144, Criminal P.C. Notice under that section was issued against Malu Singh and others by the Sub-divisional Magistrate of Nawadah on 15 March 1932, and made absolute on 6 May 1932. In the meantime the civil Court accepted the report of delivery of possession and disposal of the execution case on 1 April 1932. In April of the next year, Malu Singh and his party seem to have created trouble again and a second order made under Section 144, Cr. P.C., was passed by the Sub-divisional Officer of Nawadah on 11 April 1933. The accused's party were forbidden from going near the land sold, and the police were ordered to arrest Malu Singh and his men if they did so.

(3.) The Sub-divisional Officer had contemplated a proceeding under Section 107, Criminal P.C., but withheld it for the time being. In the meantime there was a case against the accused party for assaulting Barho Babu's men and removing some rabi crop. The case ended in acquittal. The accused in that case (Malu Singh and others), however did not claim possession over the disputed lands; rather they admitted the possession of Barho Babu. There are passages in the judgment of that case, which show that Barho Babu's men harvested the drop with the aid of the police. The accused seem to have created trouble once more, and a case under Section 107, Criminal P.C., was started against them. They appeared and admitted the possession of Barho Babu and undertook not to go near the land.