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1958 Supreme(Raj) 82

BAPNA
Ghisa – Appellant
Versus
State – Respondent


Advocates Appeared:
Vishan Lal, for Applicant; R.A. Gupta, Dy. Government Advocate; Arjun Lal, for Jaisa, Opposite Party No. 2

Bapna, J.—This is a reference by the learned Additional District Magistrate, Sikar, Mr. Manohar Singh, dated 25th June, 1958.

2. On 2nd July, 1956, Jaisa S/o Balu, resident of Jugalpura, applied to the S.D.M., Neem-ka-Thana, that he was in possession of the land under Kothi Sanwat Singh in Jugalpura for a long time, and the Parcha Chakbandi and Gasht Girdawari were in the name of his father, but that the respondents Sabal Singh, Ramdan Singh, Bhura Singh, Bane Singh, Bisan Singh, Mangej Singh and Gul Singh Rajputs, and Ghisa and Narain Ahirs were bent upon ejecting him, and there was apprehension of breach of the peace. On the 3rd of July, 1956, Ghisa and Narain also made an application that Jaisa, Balu and 12 other persons of Jugalpura were bent upon dispossessing Ghisa and Narain from half of the land under Kothi Sanwat Singhwali, of which Ghsia and Narain were in peaceful possession for some time. Ghisa relied on the Gasht Girdawai of Rabi 2012. The learned Magistrate passed a preliminary order under sec. 145 Cr.P.C. on 12th July, 1956, and made enquiries as required by law, but was of the opinion that he was unable to decide as to which of the parties was in possession, and he a






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