BISAN PUSHA GOND vs MAYARAM - 1953 Supreme(Nagpur) 55

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1953 Supreme(Nagpur) 55

HEMEON
BISAN PUSHA GOND – Appellant
Versus
MAYARAM – Respondent

Advocates Appeared:
P N Rudra, Y V Jakatdar, Advocates

JUDGMENT

Hemeon, C J—Proceedings under Section 145, Criminal P. C. were initiated against Bisan (Party No. 1) and Mayaram with 6 others (party No. 2) by the Gondia police; and on 29-9-1951, the Sub-Divisional Magistrate, Gondia, passed a preliminary order under that section. Written statements were filed and evidence was recorded. As the Sub-Divisional Magistrate was unable to decide the identity of the party in actual possession, he acted under Section 146 ibid' and ordered the attachment of the property in question. Party No. 1 sought revision of that order, but his application was dismissed by the Additional Sessions Judge, Bhandara, and he has now come up in revision to this Court.

2. The property consisted of field 'khasra' No. 294, area 5.93 acres, in Batana, Gondia tahsil, Bhandara district, and party No. 1 claimed that Narbad, its owner, had sublet the field first to his father and subsequently to himself. He had, he added, received the land on 'batai' as usual from Narbad, had ploughed, manured and sown it; but party No. 2 was endeavouring to disturb his peaceful possession. Party No. 2 asserted 'per contra' that in June and July 1951, Narbad had transferred or gifted portio