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1960 Supreme(Pat) 173

N.L.UNTWALIA, KAMLA SAHAI
Shreedhar Thakur – Appellant
Versus
Kesho Sao – Respondent


Judgment

Sahai, J.

1. This application by the second party is directed against a final order passed in a proceeding under Sec.145 of the Code of Criminal Procedure. It has come before this Bench on a reference made by me while sitting singly.

2. The proceeding, which was drawn up under an order of the Sub-divisional Magistrate of Jamui dated the 18th January, 1956, related to a total area of 14.84 acres of lands comprised in seven khatas, namely, khatas Nos.189, 50, 128, 84, 175, 33 and 239, in Village Basmatha, tola of mauza Anandpur, within the jurisdiction of Lakshmipur Police Station in Jamui Sub-division. The only details given in the proceeding, which was drawn up, were the khata numbers, plot numbers and the area in dispute. There was nothing to indicate the total area of any of the plots, nor was there anything to show that the whole or a portion of any of the plots, numbers of which were given, was in dispute. Admittedly, the parties were at issue as to the possession over only portions of some of the plots; but there was nothing in the proceeding to indicate the direction in which the disputed portions in those plots lay. The boundary of none of the plots, or portions of t

































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