MD. ASKIR MIA AND Another vs MD. AYUBULLAH — 1971 PCRLJ 420

Citation: 1971 PCRLJ 420

Court: Dhaka High Court

Year: 1970

Decision Date: 1970-05-01

Parties: MD. ASKIR MIA AND Another vs MD. AYUBULLAH

Headnotes

Case cited as 1971 PCRLJ 420

Judgment Text

Court Name: Dhaka High Court Judge(s): Abdullah Jabir Title: MD. ASKIR MIA AND Another vs MD. AYUBULLAH Case No.: Criminal Revision No. 309 of 1970 Date of Judgment:1970-05-01 Reported As: 1971 P Cr. L J 420 Result: Revision accepted JUDGMENT JUDGMENT This Rule was obtained by the petitioners against an order drawing up proceeding under section 145, Cr. P. C. By Mr. A. Maleq, Sub-Divisional Magistrate of Sunamganj. The Rule is opposed by the opposite-party. The facts leading to the present petition are that opposite-- party Md. Ayubullah sent a petition to the Sub-Divisional Magistrate, Sunamganj stating that he was in possession of 84 kedars land, as described in the schedule, in his share of the paternal lands by letting out to his Bhagidars but his brother petitioner No. 1 Askir Mia and his sons petitioner No. 2 and others in collaboration with some villagers were creating disturbances and were trying to dispossess his Bhagidars on account of which there existed serious apprehension of breach of the peace. On receipt of the aforesaid petition, a report was called for from the officer-in-charge of Derai P. S. Who submitted a report but the petitioner No. 2 filed a naraji petition against the report, claiming the land to be in their exclusive possession. On perusal of the report and naraji petition and on being satisfied that there was chance of a breach of the peace, as both the parties were claiming possession over the land in question, a proceeding under section 145,…

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