RAJA GOPE Vs. SUKAN SINGH

JUDGEMENT

(1.) This application arises out of a dispute regarding possession of immovable property in respect of which an order has been passed under Section 145, Criminal P.C., declaring that the first party, the land, lords, are in possession, and restraining the second party, the tenants, from, interfering with the possession of the landlords. It appears that the land in dispute consisted of tan plots appertaining to khata No. 84 at village Sawanpur. Notices under Section 145 were issued to the interested tenants and they filed written statements, each of them specifying which plots he claimed. The Magistrate has found that the land, as already stated, is in the possession of the landlords.

(2.) The first ground on which that, order ii challenged is that the claims of a number of tenants in respect of different plots of land should not have been amalgamated in one proceeding under Section 145. Relianee was placed on a decision of Rowland J. in Ram Kishun Singh V/s. Faujdar Gope A.I.R (1937) . Pat. 413. The facts of that case however were very different from the facts of the present case. There a large area of land, in 21 different khatas with 16 tenancies which were put up for sale by the landlord in a number of rent sales and purchased by him and of which the tenants claimed to be in possession was concerned.

(3.) The tenants did not file any written statement and there was nothing on the record to indicate which of the plots each of the tenants claimed to be in possession of. The Magistrate treated the proceeding as if the lands were claimed by all the tenants jointly, but there was no evidence in the case that they were jointly entitled to the lands, or in fact, that they claimed to be jointly entitled to the lands.