RAJA SRINATH ROY Vs. PROBHAT CHANDRA CHATTERJEE

JUDGEMENT

(1.) This Rule is directed against an order made by the Deputy Magistrate of Faridpur declaring the 1st party to certain proceedings under Section 145 of the Code of Criminal Procedure to be entitled to possession of the land in disputed forbidding disturbance of such possession until their eviction in due course of law.

(2.) For the disposal of the Rule it is, in my opinion, sufficient to say that on his own finding the Deputy Magistrate was not competent to make the order complained of.

(3.) The order under Section 145, Sub-clause (1), was made on the 23rd of June 1916, and on the evidence adduced the Deputy Magistrate finds that the petitioners, who were the 2nd party to the proceedings, took possession and the 1st party were dispossessed on the 5th of April 1916, that is, two months and eighteen days before the initiation of the proceedings.