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A.P.T. Veerabhadra Pillai Vs. A.P.T. Shunmugam Pillai - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported in32Ind.Cas.668
AppellantA.P.T. Veerabhadra Pillai
RespondentA.P.T. Shunmugam Pillai
Cases ReferredKandasami Asari v. Narayana Asari
Excerpt:
criminal procedure code (act v of 1898), section 145 - joint possession of property in dispute--magistrate, jurisdiction of. - .....procedure code, directing either the one party or the other, from disturbing the possession of the other till evicted in due course of law. it was so held in tarujan bibee v. asamuddi bepari 4 c.w.n. 426, and it has been followed in this court by mr. justice sadasiva aiyar in the case reported as kandasami asari v. narayana asari 26 ind. cas. 644. unfortunately the exact order issued by the magistrate is not before me. if, as a matter of fact, he has issued any order with regard to these two villages, that will have to be cancelled. the remainder of the order was within the jurisdiction of the magistrate to pass and mr. t.r. ramachandra aiyar has not convinced me that i have jurisdiction to interfere whatever errors might have been committed by the magistrate in arriving at the.....
Judgment:
ORDER

Srinivasa Aiyangar, J.

1. The Magistrate in this case has found that as regards the villages of Sithambur and Bommanapolliem, Veerabadra Pillai and Shanmugam Pillai, the two parties to the dispute, were jointly in possession. On that finding he was not entitled to issue any order under Section 145 of the Criminal Procedure Code, directing either the one party or the other, from disturbing the possession of the other till evicted in due course of law. It was so held in Tarujan Bibee v. Asamuddi Bepari 4 C.W.N. 426, and it has been followed in this Court by Mr. Justice Sadasiva Aiyar in the case reported as Kandasami Asari v. Narayana Asari 26 Ind. Cas. 644. Unfortunately the exact order issued by the Magistrate is not before me. If, as a matter of fact, he has issued any order with regard to these two villages, that will have to be cancelled. The remainder of the order was within the jurisdiction of the Magistrate to pass and Mr. T.R. Ramachandra Aiyar has not convinced me that I have jurisdiction to interfere whatever errors might have been committed by the Magistrate in arriving at the conclusion which he did. There will be no costs on either side.


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