MALEGOWDA Vs. MUGAIAH

JUDGEMENT

(1.) The short question that arises for consideration in this petition is whether the order made by the Mysore Revenue Appellate Tribunal on 20-12-1966 in favour of the respondents in this petition is an order as contemplated by Section 146(1) of the Code of Criminal Procedure.

(2.) The facts leading to this question may briefly be stated as follows:-In the proceedings initiated under Section 145 of the Code of Criminal Procedure, a preliminary order was passed on 4-3-1952. The dispute related to the possession of Inam land bearing Survey Number 237 of Bellekare Inam Village. The Magistrate thereafter made an order on 15-12-1952 to the following effect.

(3.) Since the property was under attachment and a receiver was appointed, the members of the second party made an application to the Magistrate on 16-10-1967 praying that Receiver may be discontinued and possession of the land should be handed over to them. That application was allowed by the Magistrate on 11-3-1968, directing the Receiver to hand over possession of the disputed property to the members of the second party. He further directed that the balance of the amount in deposit in respect of the disputed land should be paid to the members of the second party.