KUNJUKRISHNA PILLAI Vs. SREEKUMAR

JUDGEMENT

(1.) This Crl. Revision Petition is directed against the final order passed by the Sub Divisional Magistrate, Adoor in M. C No. 59/86 purporting to be under S.138 of the Code of Criminal Procedure. The proceedings was initiated under clause (d) of sub-section (i) of S.133. Revision Petitioner is the second respondent in the proceedings.

(2.) Subject matter of the proceedings is a building which originally belonged to one Sadananda Pai and managed by Prabhakaran Pillai. He is none other than the peternal uncle of the respondent who is the petitioner in the M. C. Counter petitioners 1 to 3 in M. C. No. 59/86 were the tenants occupying different portions of the building for their business purposes. The first counter petitioner in the M.C. stopped his business in the building and vacated the portion in his occupation. Therefore he did not want to contest. The third counter petitioner died. His legal representatives were impleaded. They were also not interested in contesting the claim. The only person who contested the claim was the second counter petitioner who is the petitioner in this Crl. Revision Petition.

(3.) For the purpose of appreciating the rival contentions and their bona fides, it is necessary to look into the prior history. In 1983 when Sadananda Pai was the owner of the building, himself and the respondent made attempts to have forcible eviction by destroying the building or causing damages to it. Revision petitioner was therefore filed O.S. No. 226/83 before the Munsiff, Pathanamthitta for a permanent injunction against Sadananda Pai. That suit was contested by Sadananda Pai, but ultimately it was decreed granting the injunction prayed for. Ext. D-1 is copy of the judgment. It was then that the building was purchased by the respondent from Sadananda Pai. After that also attempts continued to have forcible eviction by causing damages to the building. Revision petitioner was therefore constrained to file another suit before the Munsiff as O.S. No. 410/89 for injunction. That suit is even now pending.