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Bhaganathi Servai and anr. Vs. Valayee - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in33Ind.Cas.830
AppellantBhaganathi Servai and anr.
RespondentValayee
Cases ReferredLeong Mow v. Tchun Chun
Excerpt:
criminal procedure code (act v of 1898), section 144 - order directing village munsif to be in possession, legality of. - orderseshagiri aiyar, j.1. the order of the magistrate was passed without jurisdiction. he had no power under section 144 of the code of criminal procedure to direct the village munsif to be in possession of the property. the section only enables the magistrate to direct a party to the proceeding to do or abstain from doing certain acts regarding the subject-matter of the dispute. my view of the section is supported by leong mow v. tchun chun 12 c.w.n. 1044 the order contained in the last clause of the, proceedings is set aside. the magistrate will direct the village munsif to restore the properties to the parties from whom he or the police took possession.
Judgment:
ORDER

Seshagiri Aiyar, J.

1. The order of the Magistrate was passed without jurisdiction. He had no power under Section 144 of the Code of Criminal Procedure to direct the village Munsif to be in possession of the property. The section only enables the Magistrate to direct a party to the proceeding to do or abstain from doing certain acts regarding the subject-matter of the dispute. My view of the section is supported by Leong Mow v. Tchun Chun 12 C.W.N. 1044 The order contained in the last clause of the, proceedings is set aside. The Magistrate will direct the village Munsif to restore the properties to the parties from whom he or the Police took possession.


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