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Subudhi Rantho and 14 ors. Vs. Balaram Padhi (Deceased) - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtChennai
Decided On
Reported in(1903)13MLJ123
AppellantSubudhi Rantho and 14 ors.
RespondentBalaram Padhi (Deceased)
Excerpt:
- - until the delivery by the tenant to the zemindar of the share of the crop payable to the latter, the possession of the whole crop, inclusive of such share, is clearly with the tenant. but in this case it has been proved that the crops were removed dishonestly, and we are not prepared to say that that finding is not well-founded......but the removal, if dishonest or fraudulent constitutes an offence under section 424 of the penal code even if, as contended for the petitioners, the zemindar acquires no property in the share due to him until delivery--a point on which it is unnecessary for us to express an opinion in the present case. none of the unreported cases to which cur attention has been drawn conflict with this view. if the removal was for the purpose of , protecting the ryot from injury or damage to the crops owing to the zemindar's delay or refusal to perform his part with reference to the harvesting and division of the crop. such removal would of course not be dishonest. but in this case it has been proved that the crops were removed dishonestly, and we are not prepared to say that that finding is not.....
Judgment:
ORDER

1. This is not the case of a farm labourer or cultivator for wages, nor that of a person entitled to the crops jointly with others as partners. It is the case of an ordinary ryot in a zemindari holding on a varam tenure. Until the delivery by the tenant to the zemindar of the share of the crop payable to the latter, the possession of the whole crop, inclusive of such share, is clearly with the tenant. This being so, the removal of even the whole crop by the tenant is not a taking of anything out of the possession of the zemindar. Consequently the first element in the offence of theft is wanting. But the removal, if dishonest or fraudulent constitutes an offence under Section 424 of the Penal Code even if, as contended for the petitioners, the zemindar acquires no property in the share due to him until delivery--a point on which it is unnecessary for us to express an opinion in the present case. None of the unreported cases to which cur attention has been drawn conflict with this view. If the removal was for the purpose of , protecting the ryot from injury or damage to the crops owing to the zemindar's delay or refusal to perform his part with reference to the harvesting and division of the crop. such removal would of course not be dishonest. But in this case it has been proved that the crops were removed dishonestly, and we are not prepared to say that that finding is not well-founded. The result is that we alter the conviction from theft under Section 379, Indian Penal Code, into one under Section 424 of the Penal Code, leaving the conviction under Section 143 to stand. We see no reason to interfere with the sentences.


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