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Annasawmy Aiyangar Vs. Muthukumara Pillai and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1915Mad83(2); 25Ind.Cas.991
AppellantAnnasawmy Aiyangar;muthukumara Pillai
RespondentMuthukumara Pillai and anr. ; Annasawmy Aiyangar
Excerpt:
criminal procedure code (act v of 1898), section 145 - finding as to possession essential--civil court's view, whether conclusive. - .....j.1. the sub-divisional magistrate ought to arrive at his own finding as to which of the parties was in possession under clause (4) of section 145 of the code of criminal procedure. the subordinate judge's order gives a charge in favour of the petitioner in criminal revision case no. 271 of 4914 and finds that his sale-deed did not pass title to him as owner. the question of possession as between the present two parties was not fought out between them, in the civil proceedings and if there is any finding about possession in, those proceedings, the magistrate might take it into consideration in arriving at his own conclusion on the question of possession. the magistrate's order of attachment is set aside and he is requested to pass fresh orders according to law with reference to the.....
Judgment:
ORDER

Sadasiva Aiyar, J.

1. The Sub-Divisional Magistrate ought to arrive at his own finding as to which of the parties was in possession under Clause (4) of Section 145 of the Code of Criminal Procedure. The Subordinate Judge's order gives a charge in favour of the petitioner in Criminal Revision Case No. 271 of 4914 and finds that his sale-deed did not pass title to him as owner. The question of possession as between the present two parties was not fought out between them, in the Civil proceedings and if there is any finding about possession in, those proceedings, the Magistrate might take it into consideration in arriving at his own conclusion on the question of possession. The Magistrate's order of attachment is set aside and he is requested to pass fresh orders according to law with reference to the above remarks.


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