AI Structured Summary
Not yet generated for this judgment
Judgment
Sadasiva Aiyar, J.—The Sub-Divisional Magistrate ought to arrive at his own finding as to which of the parties was in possession under
Clause (4) of Section 145 of the Code of Criminal Procedure. The Subordinate Judge''s order gives a charge in favour of the petitioner in Criminal
Revision Case No. 271 of 4914 and finds that his sale-deed did not pass title to him as owner. The question of possession as between the present
two parties was not fought out between them, in the Civil proceedings and if there is any finding about possession in, those proceedings, the
Magistrate might take it into consideration in arriving at his own conclusion on the question of possession. The Magistrate''s order of attachment is
set aside and he is requested to pass fresh orders according to law with reference to the above remarks.