Order: This criminal revision petition arises out of an order passed in a proceeding under section 145 of the Code of Criminal Procedure, 1898, in M. C. No. 3 of 1974 on the file of the Executive First Class Magistrate, Perintalmanna, and is filed by the B-party in the proceedings The subject-matter of his proceeding is a land used for raising seedlings known as "Mele Nadukkandamenna Nattukandam’ comprising R. S. No. 307 of 1974 of Mooniyur village.

2. The case of the A-party is that this property was taken on an oral lease by him from his father Alavikutty Haji in the year 1960 fixing an annual rent of 7 paras of paddy and thereafter he has been in actual possession and enjoyment of the same. This land is used by him for raising seedlings for the purpose of cultivation in his other paddy-lands having an extent of about 5 acres. He has been paying rent and obtaining receipts for the same from the lessor. Similarly,, he has been paying land revenue for this land which is included in Patta No. 291. The assignment deed relied on by the B-party is a sham document not supported by consideration and no possesion passed under the said document to the B-party. This document was got executed

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