RAJINDRA LALL Vs. BRICH KURMI

JUDGEMENT

(1.) This is an application in revision by Rajindra Lall, a member of the first party in a proceeding under Section 145, Criminal P.C., in which a First Class Magistrate of Sitamarhi has passed an order declaring the possession of the second party, seven in number, over the lands specified in the proceeding together with the crops thereof. The proceeding was started by the Sub-divisional Magistrate of Sitamarhi on receipt of a report from the police that there was apprehension of breach of peace regarding a dispute between the two parties over paddy crops stored in a khalihan standing on plot No. 1780 in village Parsauni, Police Station Sheohar.

(2.) The notice issued by the Magistrate in that proceeding runs as follows: Whereas from the report of the Police, Sheohar, dated 22 December, 1937, I am satisfied that a dispute likely to cause a breach of the peace exists between the above named parties in regard to the area specified below situated in village Parsauni, P.S. Sheohar, within the local limits of my criminal jurisdiction, I hereby order the aforesaid contending parties to appear before me in person or by duly authorized agent on 15 January, 1938 at 10 A.M. and put in written statements as well as oral and documentary evidence in support of their respective claims as respects the fact of actual possession of the subject of dispute. The property in question is also attached under Section 145, Criminal P.C. with paddy bundles in the khalihan.

(3.) From this it appears that plot No. 1780 was not included in the proceeding, but it is common ground that the khalihan in which the paddy crops were stored is in that plot. The plots in dispute were recorded as bakasht lands of the landlords at the last survey.