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1991 Supreme(All) 656

B.P.SINGH
ABDUL GAFOOR – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
C.P.MISHRA, R.K.VERMA, Wasim Alam,

B. P. SINGH, J.

Abdul Gafoor and others have filed this application for revision against the order dated 19-6-1989 passed by learned Sessions Judge, Mirzapur in Criminal Revision No. 72 of 1988 (Taufil Ahmad and another v, Abdul Gafoor and others),

2. A processing under Section 145, Cr. P. C. in respect of plot No 279/1 was pending in the Court of City Magistrate, Mirzapur. Satisfied on the police report dated 8th April, 1986 that there was apprehension of breach of peace In respect of plot No. 279/1, the City Magistrate passed a preliminary order on 7-6- 1986 attaching the plot in question.

3. Both the contesting parties were called upon to file written statements Abdul Gafoor and others, the first party, filed a written statement and claimed that a suit was already pending in the Civil Courts in which parties were directed to maintain status quo and that the first party was in possession over the disputed plot.

4. Tufail Ahmad and Mohd. Jamin, the second party, filed the written statement and contended that the then Zamindar of the plot in question had executed a lease in favour of one Raj Karan on 13-2-1957 and that the said Raj Karan had transferred the plot in question in favou












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