RAM RANBIJAYA PRASAD SINGH Vs. RAM PRASAD GUPTA

JUDGEMENT

(1.) Owing to a change in the course of the river Ganges in the District of Shahabad a dispute broke out regarding a large area of land between the proprietor and tenants of village Shohra Tribhuani on the one hand and the proprietor and tenants of village Piparpainti on the other hand. Proceedings under Section 145, Criminal P.C., were commenced and in the course of those proceedings a part of the area in dispute was found to be public domain. With that area these applications in revision are not concerned.

(2.) The Magistrate was unable to find which of the parties was in possession of the remaining 1200 bighas. He therefore attached them under Section 146. Subsequently under the orders of Government, a survey and settlement of the area in dispute was made. A part of that area was found to be in possession of the tenants of Tribhuani and the remainder in the possession of the tenants of Piparpainti. Both the parties applied to the District Magistrate to release from attachment the areas of which they have been found to be respectively in possession by the survey officer.

(3.) The District Magistrate of Shahabad has rejected the applications on the ground that the Record of Rights is not a decision of a competent Court within the meaning of Section 146. A case where the facts were similar to those of the present case is Ambler V/s. Somi Ahmed (1910) 37 Cal. 331. There also land was attached under Section 146. Sub. sequently one of the parties obtained an order in his favour from the survey authorities under Section 41, Bengal Survey Act. He then applied to have the attachment released in his favour.