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1974 Supreme(All) 88

K.N.SETH, H.L.CAPOOR
KATER SINGH – Appellant
Versus
JAHAN SINGH – Respondent


JUDGMENT

K. N. Seth, J. :- On an application of Jahan Singh and others proceedings under Section 145, Criminal Procedure Code were initiated with respect to the sugarcane crop standing on the disputed plots. The learned Magistrate passed a preliminary order under Section 145(1), Criminal Procedure Code and also directed that the disputed sugarcane crop be attached. After attachment the crop was given in the supurdagi of one Vijai Pal. Jahan Singh and others (First party) moved the Magistrate that the crop be auctioned whereas Katar Singh and Raghubir Singh (second party) applied that the Supurdar be changed as he belonged to the group of the first party. The learned Magistrate passed an order on 11-5-1971, with the consent of the parties, that the standing sugarcane crop in dispute be given in the Supurdagi of Katar Singh and Raghubir Singh (second party) and that after harvesting the crop Katar Singh shall deposit Rs. 1,250/- in court by 10-6-1971. The second party entered into possession of the attached crop in their capacity as the Supurdars. The amount of Rs. 1,250/- was, however, not deposited as directed by the learned Magistrate and an application was made alleging that the







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