DOMON GOPE Vs. HET NARAIN SINGH

JUDGEMENT

(1.) This is an application to revise an order passed under Section 144, Criminal P.C., on 15 July 1939, which was confirmed against the petitioners on 6th September 1939 but on the same date withdrawn against the opposite party. In the application presented in this Court the propriety of the original order is not questioned, but it is said that by the subsequent order withdrawing it against the opposite party and keeping it in force against the petitioners the Magistrate has in effect given a decision intended to be permanent on a question of possession which ought to have been decided under Section 145 after hearing evidence. The dispute giving rise to the proceeding concerned 13.79 acres of land in village Jhakua entered in the record of rights as bakasht lands of the Maharaja Bahadur Raj Gidhour. The village, it appears, was in lease from 1332 to 1338 Fasli with one Biseswar Singh.

(2.) Then from 1931 to 1937 A.D. it was in lease to a son of Biseswar named Basuki. Then from Asin 1345 Fasli the village was let to Jamuna Singh. A dispute arose as Het Narain. Singh, a cousin of the former thikadar Biseswar, claimed to be in possession of most of the bakasht lands as a raiyat. Jamuna Singh on the other hand asserted that most of the lands were in the direct cultivation and possession of certain bataidars, Mahabir Singh, Lakho Singh, Ramsa-gar Singh, Bhuno Singh and Hari Misser. These persons claimed not to have been inducted on the land by Jamuna but to have been in possession from long before under the previous thikadars. On the other hand, Het Narain asserted that he had not been inducted on the land by his cousin Biseswar and propounded an alleged earlier settlement of land with him by the Raj itself.

(3.) On 1 November 1938, the local police reported for proceedings under Section 144 naming as first party Het Narain and as second party Jamuna Singh and the bataidars alleged to hold under him. The Magistrate drew up a proceeding under Section 145, Criminal P.C., and a compromise was entered into on 19th January 1939 between Het Narain of the first party and Jamuna Singh of the second party by which both of them disclaimed in favour of the Gidhour Raj all their alleged rights of possession over the land and accepted the position that the lands should be possessed by whichever party should obtain settlement from the Gidhour Raj. On that the proceeding was dropped.