MAHESH DUBE Vs. SHIVBODH AND OTHERS

JUDGEMENT

(1.) Shankar Prasad Dube, father of the respondents was a tenant of Prayag Prasad Dube, father of the appellant. A suit for eviction on account of non-payment of rent was filed by Prayag Prasad Dube against Shankar Prasad. The suit was decreed. In execution of the decree, possession of the house was delivered to Prayag Prasad Dube on 26.11.1985, and he, put his own lock on the house. On the night intervening on 26.11.1985 and 27.11.1985, the respondents herein along with their father Shankar Prasad Dube and grandmother trespassed into the house of Prayag Prasad Dube and forcibly took possession of the house. Thereafter, Prayag Prasad Dube lodged a report against the respondents and their father and grandmother Gomti Devi. Charges were framed against the accused. Gomti Devi died during the pendency of the trial and the respondents along with their father Shankar Prasad Dube were convicted by the Trial Court under Section 448 of I.P.C. The Trial Court while convicting the respondents and their father also directed that the case property be handed over to the complainant.

(2.) Thereafter, the respondents and their father filed an appeal before the Sessions Judge which was dismissed on 18.11.1997. After dismissal of the appeal, the father of the present appellant filed an application under Section 456 Cr.P.C. for handing over the possession of the property to him. The Trial Court rejected the application only on the ground that it had been filed beyond the period of 30 days from the date of order of the Appellate Court. A Revision Petition was filed, which was dismissed. A petition under Section 482 Cr.P.C. was filed before the High Court and the same was also dismissed on 19.09.2008. Hence, this appeal.

(3.) Section 456 of the Cr.P.C. reads as follows: