BAHADUR MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application has been filed under Ss. 397 and 401 of the Code of Criminal Procedure against the order dated 31-8-1994 passed by the Sub-Divisional Magistrate, Sadar, Ranchi in G.P. Case No. 3 of 1987 whereby and whereunder the learned Court below declared the possession of an area of 3.88 acres in favour of the opposite party No. 2, it is submitted on behalf of the first party/petitioner that Khata No. 89 of village Lali, P.S. Namkum district Ranchi was recorded Kaymi in the name of Mosst. Nakti Wife of Tiku Mahato alias Tiku Kurmi and she has been in peaceful possession over the disputed land. After the death of Nakti, her property was inherited by her niece, Mosst-Bandhni wife of Jethu Mahto and the father of the first party. The name of Gokul Mahato, first party was mutated in the earliest of ex-landlord and also in the State of Bihar.

(2.) Earlier 144 Cr. P.C. proceeding was initiated in respect of the land in question and later on it was converted into 145 Cr. P.C. but the opposite party No. 2 also claimed the land in question being in peaceful possession by virtue of registered Kabuliat which was settled in favour of the father of the Opposite party No. 2. It is also claimed that the learned Sub-Divisional Officer has rightly passed the order impugned and there is no illegality in the order impugned to be enterfered as the members of Ist party/petitioner had already sold the land of their half share.

(3.) Heard learned counsel for both sides.