BHIMAPPA BASAPPA BHU SANNAVAR Vs. LAXMAN SHIVARAYAPPA SAMAGOUDA

JUDGEMENT

(1.) This is an appeal by special leave against the judgment and order of the High Court of Mysore dated November 28, 1966 in Misc. Criminal Petition No. 610 of 1966. By that order the High Court held that the present appellant Bhimappa had no locus standi to invoke Section 417 (3) of the Code of Criminal Procedure and to ask for special leave to file an appeal against the acquittal of the respondents. The appellant questions the correctness of the order.

(2.) Bhimappa (appellant) had a house at Athni, Taluka Belgaum District. It stood in the name of his eldest son and his two other sons lived in one part of the house and the other part was let out to the first respondent Laxman who ran a boarding house and also lived there with his wife and children and his mistress Champeyya, the second respondent. No rent was fixed but the sons of Bhimappa used to have their meals with respondents Nos. 1 and 2. Bhimappa asked his tenant to vacate the house as he wanted to reside in it himself and his son Yamanappa (page No. W. 14) wanted space for a godown for 400 bags of groundnut purchased by him. The first respondent was asked to vacate a portion of the house but was reluctant.

(3.) It is not necessary to give the details of what happened further. Suffice it to say that the house was set on fire to cause loss to Bhimappa. All efforts to save the house failed and it was burnt down. Yamanappa then filed a report in the police station. The police arrested respondents Nos. 1 and 2 and submitted a charge-sheet against them in the Court of Junior Magistrate, Athni.