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2000 Supreme(All) 1087

B.K.RATHI
RAMVIR SINGH – Appellant
Versus
MAKKHAN SINGH – Respondent


B. K. RATHI, J.

The dispute in this case between the parties is regarding Khasra No. 217 measuring 492 sq. yards situated in village Jaganpur, Nagla Haveli, Police Station New Agra, District Agra. The proceedings under Section 145, Cr PC, were taken and were decided by the learned Magistrate and he held that Ram vir Singh, revisionist was in possession on the said plot at the date of the preliminary order under Section 145 (1), Cr PC and also within two months prior to that date. He directed Makkhan Singh, opposite party No. 1 not to interfere in the posses sion of Ramvir Singh over the said plot. This order was passed by the learned Magistrate on 24-4-1987. Against that order the opposite party No. 1 filed Criminal Revision No. 241 of 1987 which have been allowed by order dated 28-10-1991 by IVth Additional Sessions Judge, Agra. The learned Additional Sessions Judge considered the dispute in detail and remanded the matter back to the learned Magistrate for re-decision after recording further evidence with the following obser vations:

"in the lower Court Santosh Kumar had not produced any record of the society to show that the society had made full payment to the farmers and had tak











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