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1978 DIGILAW 807 (MP)

Shobharam v. Brindawan

1978-10-23

A.R.NAVKAR

body1978
Short Note : 1. The applicant moved an application under section 145 Cr. P.C. in respect of the land Survey No. 249/5 comprising 5 Bighas and 1 Biswa. The non-applicant denied the allegations and claimed that he has no concern with the number which was alleged by the petitioner. The Sub-Divisional Magistrate passed the preliminary order under section 145 Cr. P.C. and thereby attached the disputed property. After due inquiry, the learned SDO holding that disputed land No. 249/5 is not in possession of the non-petitioner and he was not claiming any interest to that field at all and as such the application was dismissed. The revision was also dismissed. Held: This Court is of the opinion that this revisional has no merit because the applicant in para 1 of his application contended that 1/4th of the disputed land No. 249/5 came in his ownership consequent on a family partition. His name also does not find place in the Khasra entries over the disputed land filed by him. He has not filed affidavit of patwari or also specified the land by him, and there is no dispute so far as this land is concerned, because the non-applicant clearly has stated that he has no interest, nor any concern with the land. There is no question of breach of peace as such, it deserves to be dismissed. Revision dismissed.