V. K. MEHROTRA, J.

( 1 ) WITHIN the municipal limits of Etawah city is a small piece of land situate in Mohalla naurangabad. It forms part of bigger land occupied by buildings towards its south.

( 2 ) KRISHNA Behari and Basdeo were both sons of one Shiv Sahai. Krishna Behari had no issues. He is said to have adopted one of the sons of Basdeo, namely, Babu Ram on Feb. 8, 1935. The other son of Basdeo is Om Prakash. Krishna Behari is said to have executed an agreement to transfer the aforesaid piece of land to Suresh Chandra Chaturvedi for a consideration of Rs. 3,900/ -. This was on July 2, 1956 through a document marked Ext. 61. A sum of Rs. 1,000/-was initially paid at the time of agreement but by the year 1958 the remaining amount was also paid to Krishna Behari who is said to have put Suresh Chandra Chaturvedi in possession of the property. Krishna Behari was murdered on Aug. 27, 1960.

( 3 ) DISPUTE arose about the land which is 84 towards north and 75 towards south while both towards east and west, its dimensions are 65 each. The dispute led to proceedings under Section 145, Cr. P. C. , at the instance of Basdeo against Dinesh Chandra, eldest son of Suresh Chandra chaturvedi an

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