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The Maharaja of Venkatagiri Vs. Ambarkana Srinivasa Row - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported inAIR1916Mad507(1); 29Ind.Cas.321
AppellantThe Maharaja of Venkatagiri
RespondentAmbarkana Srinivasa Row
Excerpt:
criminal procedure code (act v of 1898), section 140 - attachment of property--duration of attachment--adjudicatian of rights of parties by competent court--magistrate, duty of, to withdraw attachment. - .....has determined the rights of the parties thereto, or the person entitled to possession the only question is whether that has been done in the present case. the finding of the district judge on the first issue in original suit no. 3 of 1902 concludes the question of title between the parties to that suit. the fact that he was unable to determine the question of possession and that this court remarked in its appeal judgment that defendant's (the present petitioner's) evidence of enjoyment was equally weak, is immaterial.2. the continuance of the attachment is illegal and it should be released at once.
Judgment:

1. An order of attachment of property under Section 146 of the Criminal Procedure Code remains in force until withdrawn, but it is the duty of the Magistrate to withdraw it and release the attachment, as soon as it is brought to his notice that a competent Court has determined the rights of the parties thereto, or the person entitled to possession The only question is whether that has been done in the present case. The finding of the District Judge on the first issue in Original Suit No. 3 of 1902 concludes the question of title between the parties to that suit. The fact that he was unable to determine the question of possession and that this Court remarked in its appeal judgment that defendant's (the present petitioner's) evidence of enjoyment was equally weak, is immaterial.

2. The continuance of the attachment is illegal and it should be released at once.


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