JUDGMENT :

B.N. Misra, J. - This revision is directed against the Order dated 11-12-1980 passed u/s 146(1), Code of Criminal Procedure in Criminal Misc. Case No. 162 of 1980, a proceeding u/s 145, Code of Criminal Procedure, pending in the Court of the Subdivisional Magistrate, Jharsuguda. The Petitioner is the second party and the opposite parties are members of the first party in the aforesaid proceeding.

2. It appears from the records that the disputed land belongs to the Railway Department and the members of the first party who have taken the said land on lease had installed a cabin thereon. The members of the first party have rented out the said cabin to the second party on a rental of Rs. 70/- per month. In the year 1980 the members of the first party asked the second party member to vacate the premises and it is alleged that the second party had agreed to vacate possession on 18-11-1980 on payment of a sum of Rs. 3,500.00 towards the cost of decoration of the said cabin. However, the second party failed to deliver possession of the cabin by the due date. On 17-11-1980 the second party reported to the police that at the instance of the members of the first party two persons had