JAIGOBIND PANDEY Vs. RAMNANDAN SAHAI

JUDGEMENT

(1.) These are two consolidated cross-appeals from a decree of the High Court of Judicature at Patna, dated June 12, 1923, which reversed a decree of the learned Subordinate Judge at Chapra. dated September 20, 1919.

(2.) The issue between the parties is as to ownership of the lands in a village or mauza called Babhangawan, in the Saran district, except a portion of it which measured 33 bighas and 3 kathas; and which is admitted to belong to and to be in the possession of the plaintiffs.

(3.) Proceedings were instituted under the provisions of Section 145 of the Code of Criminal Procedure, and the Magistrate decided that the defendant-appellant was in possession of the lands in dispute, and was entitled to remain in possession until ousted by due course of law.