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1958 Supreme(Ori) 19

R.L.NARASIMHAM, S.BARMAN
GANGADHAR SINGH – Appellant
Versus
SHYAM SUNDER SINGH – Respondent


Advocates Appeared:
B.K.Ray, M.MOHANTY, R.N.SINHA

R. L. NARASIMHAM, C. J.

( 1 ) THIS is a petition to revise an order dated 30-8-1956, passed by Sri F. C. Pradhan, First Class Magistrate, Bargarh, under Section 145 Cr. P. C. , declaring the possession of the opposite party (who was the first party before him) in respect of 168. 34 acres of Sir lands in village Kharsal and forbidding disturbance of such possession until eviction in due course of law. The petitioners were the second party in that proceeding before the Magistrate.

( 2 ) THE opposite party, Shyam Sunder Singha, is the eldest son of one Chandra bhanu Singh, who, prior to the abolition of the zamindhari system, was the zamindar of Kharsal Estate. One Hanuman Singha who is an agnate of the petitioners was the protected Thikadar of the village under the Zamindar. He was evicted from his rights in the village by the Zamindar by a decree of the Civil Court for failure to pay Thika Jema and possession also was obtained with the help of the court sometime in 1932. The Sir lands of the village, according to the opposite party, were in the actual possession of the protected Thikadar Hanuman Singha and consequently by virtue of the delivery of possession of the Civil Court in





















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