Aggrieved by the order of the Magistrate, the First Party filed a Revision Petition to the High Court.
765 of 1976.
The Magistrate passed an order dated 7 4 1976 in accordance with the finding on the issue as to possession by the Munsif, holding that the appellants, Second Party were in possession.
Appeal by Special Leave from the Judgment and Order dated 10 1 77 of the Patna High Court in Criminal Revision No.
On a companysideration of the materials placed before him the Munsif by an order dated 22 12 1975 found that the appellants, Second Party, were in possession and sent back the records to the Magistrate for disposal according to law.
K. Jain, R. L. Singh, R. P. Singh and Rajeev Datta for the Appellants.
Lal Narayan Sinha and M. P. Jha for the Respondent.
The proceedings were companyverted into one under Section 145, Criminal Procedure Code and the lands in dispute were attached on 14 5 1968.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
765 of 1976.
The Judgment of the Court was delivered by KAILASAM, J. This appeal is by special leave by the second party in Section 145 of the Criminal Procedure Code proceedings against the judgment of the Patna High Court in Criminal Revision No.
The Magistrate on a companysideration of the material placed before him found himself unable to decide as to which of the parties had been in possession of the disputed land, and referred the matter to the civil companyrt for a finding on the issue.
The appellants in this Court are the Second Party and the respondents the First Party.
The First Party, respondents, filed their documents and nine affidavits in support of their claims while the appellants, Second Party, filed several documents and 12 affidavits in support of their case.
The appellants, Second Party, being aggrieved by the order has companye up to this Court by special leave.
148 of 1977.
On receipt of a Police Report dated 29 2 1968, proceedings under Section 144 of the Criminal Procedure Code were started on 18 3 1968.
Both the parties claimed title as well as possession of the disputed land with them.
