ST STEPHENS CHURCH Vs. ITTY THOMAS

JUDGEMENT

(1.) Revision petitioner church is A-party in M.C. No. 58 of 1981, a proceeding initiated by the Sub Divisional Magistrate, Alleppey under S.145 of the Code of Criminal Procedure on 30-7-1981. It is concerning 2.43 acres of paddy field comprised in Sy. Nos. 314/1-F, 314/1-A, 313/2 and 357/1 of Veliyanadu village.

(2.) Admittedly this property belongs in jenmom to the revision petitioner church. So also there is no dispute regarding the fact that it was leased out from the church in favour of the father of the respondent who was B-party in the proceedings before the Magistrate. The father of the respondent admittedly died a few years ago. The case of the petitioner is that subsequent to the death of the father of the respondent the church resumed possession and auctioned the same on lease to a stranger for one year. The further case is that thereafter the property is lying fallow. It was on the application of A-party alleging that the respondent is attempting to take forcible possession resulting in the likelihood of imminent breach of peace that the learned sub-divisional Magistrate initiated proceedings under S.145 of the Criminal Procedure Code.

(3.) In the said proceedings the learned Magistrate appointed receiver under S.146 and he was put in possession also. Challenging that order the respondent filed Crl. RP No. 422 of 1981 before this Court. Since the receiver had already taken possession of the property this Court did not go into the merits of the matter. The revision was disposed of by order dated 4-3-1982 directing the learned Magistrate to proceed with the enquiry and complete it within one month after considering the contentions of B-party on the merits. So also the Magistrate was directed to consider the bar of S.29A of the Kerala Land Reforms Act. That contention was raised by the respondent for the first time before this Court.