ABDUL KARIM Vs. EMPEROR

JUDGEMENT

(1.) THIS is an application in revision against an order of Pandit Raghunandan Upadhiya, Deputy Magistrate, First Class, ordering the applicant to vacate a certain plot of land. The notice was sent to the applicant on the 4 August for the 12 August. On that day the applicant stated that he was a perjotdar of Girdhari Lal for the plot in suit. The lower Court without going into evidence but relying on fine report of the Tahsildar made his order absolute. No notice was sent to Girdhari Lal. I am of opinion that the lower Court should have gone further into the matter and not passed an order in such a summary fashion. I have been referred to Hingu V/s. Emperor [1909] 31 All. 453, Ismail V/s. Bunda A.I.R. 1922 All. 265. and also Jassi V/s. Emperor A.I.R. 1922 All. 335. On the analogy of the rulings I would recommend that the absolute order of the lower Court be set aside and that he should be directed to proceed in accordance with Section 137, Criminal P.C. The lower Court is asked to submit his explanation through the District Magistrate within a week. Judgment

(2.) I accept the reference.