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A.M. Balakrishna Reddiar Vs. Syed JalaluddIn Sahib and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1939Mad791; (1939)2MLJ111
AppellantA.M. Balakrishna Reddiar
RespondentSyed JalaluddIn Sahib and ors.
Excerpt:
- orderlakshmana rao, j.1. there is no ground for dissent from the finding of the sub-divisional magistrate that the land in dispute is in the actual possession of the petitioner in criminal revision case no. 689 of 1938 and the declaration of his possession under section 145(6) of the code of criminal procedure is correct. but the direction requiring him to restore two old cemetries to their old state and allow access to mussalmans if they should desire to go near the cemetery to invoke the blessing of god is beyond the powers of the sub-divisional magistrate and it cannot be upheld. the direction is therefore set aside and otherwise the order of the sub-divisional magistrate is confirmed.
Judgment:
ORDER

Lakshmana Rao, J.

1. There is no ground for dissent from the finding of the Sub-Divisional Magistrate that the land in dispute is in the actual possession of the petitioner in Criminal Revision Case No. 689 of 1938 and the declaration of his possession under Section 145(6) of the Code of Criminal Procedure is correct. But the direction requiring him to restore two old cemetries to their old state and allow access to Mussalmans if they should desire to go near the cemetery to invoke the blessing of God is beyond the powers of the Sub-Divisional Magistrate and it cannot be upheld. The direction is therefore set aside and otherwise the order of the Sub-Divisional Magistrate is confirmed.


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