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1995 DIGILAW 510 (PAT)

Sekh Minhazul Abldin v. Md. Sazid

1995-09-12

SURINDER SARUP

body1995
Judgment Surinder Sarup, J. 1. This revision petition is directed against the order dated 30th November, 1993, in Case No. 15/93, passed by Sri R. S. Singh, Executive Magistrate, Ramgarh, in a proceeding under Section 145, Cr.P.C, whereby he has declared the possession of the second party (opp. party in this revision petition) and has directed the Ist party (petitioners in this revision petition) to move the Civil Court for declaration of his rights in respect of the property in dispute. 2. I have heard learned counsel for the parties. In the impugned order there is a finding that it is not possible to draw any conclusion as to which party is in possession of the disputed land on the basis of the oral evidence of both the parties. Thereafter the court below has proceeded to give a finding, in favour of the 2nd party (opp. parties in this revision petition) that he is in possession of the disputed land. But while giving this finding the court below has also pronounced on the lagality of the documentary evidence produced by the parties. In the impugned order, it is observed that though the court below has no jurisdiction to declare either legal or illegal, any documentary evidence on the basis of which title or right of any party can be declared, yet it has given a finding on the legality of certain documents produced by the Ist party (petitioners in this revision petition), by holding some of its documents to be unreliable. In other words, the court below decided the question of title against the Ist party and in favour of the 2nd party, for which it had no jurisdiction. Thus the impugned order is liable to be set aside. 3. Consequently, this revision petition is allowed, the impugned order is set aside and the case is remanded to the Executive Magistrate, Ramgarh for a fresh decision according to law, in the light of the observations made above. The parties are directed to appear before the Executive Magistrate, Ramgarh on 1st November, 1995, and in the meantime, the office is directed to despatch the records of the court below expeditiously.