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Ramalingam Pillai, Agent of Two Minors of Late Chittoorsami thevar Vs. Raja of Ramnad - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Judge
Reported inAIR1916Mad640(2); 31Ind.Cas.176
AppellantRamalingam Pillai, Agent of Two Minors of Late Chittoorsami thevar
RespondentRaja of Ramnad
Excerpt:
criminal procedure code (act v of 1898,), section 145 - possession, how to be determined--delivery of symbolical possession by a civil court, bearing of, on magistrate's enquiry. - t.n. district police act, 1859 [act no. 24/1859]. section 10 & tamil nadu special police subordinate service rules, rule 14(b), clause (iv) explanation (1); [a.p. shah,c.j., f.m. ibrajhim kalifulla & v. ramasubramanian, jj] rule 14(b),ci.(iv) explanation (1) providing that a person acquitted or discharged on benefit of doubt shall be treated as person involved in criminal case - validity being questioned - held, the impugned rule 14(b) ci.(iv) explanation (1) has been issued in exercise of the power conferred upon the government under the tamil nadu district police act, the criminal city police act and the..........xxi, rule 96, of the civil procedure code, which applies only to cases in which the property is in actual possession of a third party--in this case, the present petitioners: and the subordinate judge is very careful to state that it does not prejudice their right to the interest claimed by them (petitioners) or their right to resist periasami thevan (under whom respondent claims) when he seeks physical possession. exhibit b, the delivery attakshi, is to the same effect.2. these proceedings have no bearing whatever on the actual possession of the lands in dispute, which is the only subject of enquiry under section 145 of the criminal procedure code.3. the joint magistrate relying on exhibits a and b, has declined to exercise the jurisdiction vested in him of enquiring into the actual.....
Judgment:
ORDER

William Ayling, J.

1. The order of the Subordinate Judge, Exhibit A, is passed under Order XXI, Rule 96, of the Civil Procedure Code, which applies only to cases in which the property is in actual possession of a third party--in this case, the present petitioners: and the Subordinate Judge is very careful to state that it does not prejudice their right to the interest claimed by them (petitioners) or their right to resist Periasami Thevan (under whom respondent claims) when he seeks physical possession. Exhibit B, the delivery attakshi, is to the same effect.

2. These proceedings have no bearing whatever on the actual possession of the lands in dispute, which is the only subject of enquiry under Section 145 of the Criminal Procedure Code.

3. The Joint Magistrate relying on Exhibits A and B, has declined to exercise the jurisdiction vested in him of enquiring into the actual possession of the lands and passing an order in favour of the party in whom such actual possession is found to reside.

4. His order is set aside as illegal, he will restore the case to file and dispose of it according to law.


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