Guwahati Court March 1966 Judgments

Abinash Chandra Deb Vs. Adhir Chandra Nama Sudra and ors.

Court: Guwahati

Rajvi Roop Singh, J.C.1. This is a reference by the learned Sessions Judge, Tripura, recommending the setting aside of an order dated 26-10-64 passed by a First Class Magistrate of Agartala in a proceeding under Section 145, Cr. P. C.2. The material facts leading up to this reference are as follows:On 1-6-64, the petitioner Abinash Chandra Deb filed an application before the S. D. M., Sadar, Agartala against the opposite party with the allegation that on 11-9-63 he, as a refugee, got a settlement of 4 k. 16 g. of khas lands in 5 plots appertaining to Dag Nos. 8929/30/ 31/32/33 of Khatian No. 2597 of Mouza Kalkalia P. S. Basutia of Mohanpur Tahsil under Sidhai P. S. The possession of the land was delivered to him by Ashutosh Das, Surveyor and Shri Hari Mohan Dutta, Peon on 11-9-63. Thereafter the first party owned and possessed the said land by ploughing and cultivating it. On 12-4-64, when the first party went on the land to plough it the second party members, namely, Adhir Ch. Nama S...