Scope of the provisions of section 145.

This is a criminal revision case which has been filed against the the order made by the Sub-divisional Magistrate of Dhone in M.C. No. 2 of 1950 on 21st December, 1950.

The facts are. - The dispute in this case relates to two items of lands situated at Dharmavaram, hamlet of Dhone. On 12th June, 1947, the A party put in a petition before the then Sub-Divisional Magistrate of Dhone alleging that in respect of four items of lands shown in the schedule annexed thereto there was a dispute between him and the B party respondents likely to cause a breach of the peace and praying that action should be taken against the B party respondents under section 145, Criminal Procedure Code. This petition was forwarded to the Sub-Inspector of Police, Dhone. On the report of the Police dated 20th June, 1947, the learned Magistrate passed a preliminary order on 25th June, 1947, directing both sides to put in written statements of their respective claims. Both sides, after this preliminary order, put in their respective written statements. In the course of the enquiry that followed it was discovered that the real dispute between the parties was not with regard to the four items of land described in the A party respondents’ petition dated 12th June, 1947, in respect of which properties the preliminary order dated 25th June, 1947, was issued but with regard to only two other lands, viz., an extent of 1.50 acres within specified boundaries of S. No. 755-A of a larger extent bearing the name of Mulla Konda Chenu alias Chendiah Chenu and an extent of 2.50 acres within specified boundaries in S. No. 753 of a larger extent bearing the name of Nagiriah Chenu alias Bapena Ramiah Chenu. On the discovery of this error the Additional First Class Magistrate of Nandyal to whom the case had been sent for disposal passed a second preliminary order on 24th December, 1947, in respect of these two items of properties. Both parties filed fresh written statements. The learned Magistrate passed an order on 31st March, 1948, under sub-section (6) of section 145 declaring the second respondent of the B party to have been in possession and entitled to possession of the two items until evicted therefrom in due course of law.

In the meanwhile after the first preliminary order dated 25th June, 1947, the learned Magistrate on a petition put in by the A party ordered attachment of the properties and appointed the Sub-Inspector of Police, Dhone, as receiver with a direction that the receiver should take possession and lease the lands for 1947. The Sub-Inspector of Police took possession and has been cultivating the lands.

The final order dated 31st March, 1948, to which reference has been made just now was taken up in revision to the High Court and my learned brother Somasundaram, J., by his order dated 18th March, 1949, in Criminal Revision Case No. 577 of 1948 set aside the order of the lower Court and remanded the entire matter for disposal according to law, in the light of the following observations, by some Magistrate other than the Magistrate whose order was set aside:

"The case of the petitioner here is that he was dispossessed within two months prior to 25th June, 1947. The properties were admittedly leased out and the lessees were in possession from 16th July, 1947. In the circumstances the Court must find who was in possession on 24th December, 1947. That the respondent was in continued possession could not be correct, as lessee was in possession from 16th July, 1947."

Thereupon both parties filed the following petition in the Court of the Additional First Class Magistrate, Kurnool.

The parties to the above case beg to state that they referred their dispute to arbitrators who have passed the award. For the fulfilment of the conditions of the award 15 days’ time is wanted. It is prayed that your honour may be pleased to adjourn the case to someday after 15 days from this date."

On 19th January, 1950, the respondent herein Vadde Venkatappa filed a petition in the foll