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1969 Supreme(Pat) 14

N.L.UNTWALIA
Dudh Nath Singh – Appellant
Versus
Sarju Singh – Respondent


Judgment

N.L.Untwalia, J.

1. There is a strip of land measuring 165 feet x 35 feet situate in the town of Jharia in front of a building known as Anand Bhawan. It is part and parcel of plots Nos. 1016 and 1017. On a portion of this land stand structures. A proceeding under Sec.144 of the Code of Criminal Procedure (hereinafter called the Code) was started some time in the year 1964, Subsequently it was converted into a proceeding under Sec.145 of the Code. Dudh Nath Singh, the petitioner in this criminal revision, was the first party in the proceeding which seems to have been started upon the police report and Sarju Singh, the opposite party in this revision, was the second party. In the show cause filed by the petitioner, on 14-2-1965 in the Court of the Sub-divisional Magistrate at Dhan-bad he clearly stated that he is an employee under one Shreemati Kusumlata Agarwala, wife of Om Prakash Agarwala and he looks after, and manages, her property and that the disputed land which was the subject matter of the proceeding belonged to the said lady and she had all along been in peaceful possession of the same by constructing temporary structures for her servants and other men stated in 7th











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