ORDER :- This application in revision has arisen out of proceedings under section 145 Cr. P. C. in the court of sub-Divisional Magistrate, Bharthana in the district of Etawah. The dispute was in respect of some land which originally belonged to one Shri Ram, who died on 13th November, 1959. During his lifetime he made a gift of this land in favour of Arya Pratinidhi Sabha under a document which is dated 31st July, 1946 but which was registered on 26th September, 1946. After the death of Shri Ram, differences arose as to the ownership of this land and the Arya Pratinidhi Sabha claimed it on the basis of the gift deed in its favour. The present applicant Govind claimed it as the nearest heir of Shri Ram, being his nephew.

2. A case under section 145 is to be decided on the basis of possession of dates relevant for purposes of the inquiry under that section. Both the parties filed affidavits in support of their respective contentions and relied upon documentary evidence as well. It was on a consideration of this evidence that the Magistrate recorded a finding that the Arya Pratinidhi Sabha was in possession over the land in dispute as also over the attached crop on the date of the prel

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