STATE Vs. SIVASANKARAN THAMPI

JUDGEMENT

(1.) We agree with the learned Sessions Judge who had made this reference under 438 Cr. P. C that the order of the learned 1st Class Magistrate directing the recovery of Rs. 200/- from a lessee holding certain property Under a Receiver appointed in proceedings under S.145 Cr. P. C. as damages for alleged waste (namely over cropping of cocoanut trees) is altogether without jurisdiction and must be set aside. The order is accordingly set aside.

(2.) The Revision Petitioner is a lessee under the Village Officer who is the Receiver of the properties in a proceeding under S.145 Criminal P. C. The term of the lease, was one year which expired on the 16th February, 1957. The Receiver as well as one of the parties to the proceedings under S.145 complained to the Magistrate that the Revision Petitioner had overcropped the cocoanuts in the properties during the currency of his lease and had thus caused damage. The Magistrate himself made a personal inspection of the properties and caused the bunches of cocoanuts in some of the trees, to be examined. He came to the conclusion that the petitioner had cropped cocoanuts in excess of those which could be cropped reasonably, and estimated the damage at an amount equal to the rent for one month. He held the petitioner to be liable to pay this amount. This order is sought to be revised in these proceedings.