P GANESAN Vs. BASKARA MENON

JUDGEMENT

(1.) AGAINST the order of the VI Additional Sessions Judge, City Civil Court Madras, dated 17th December, 1979, holding that the respondent herein is entitled to the return of the documents Exhibits P.2 to P. 4 and directing the return of the said documents to the respondent herein, the above Criminal Revision has been filed. The facts of the case in brief are as follows: The petitioner herein is a broker dealing in real estate business. It appears that the respondent herein wanted to sell his house bearing Door No. 16, 6th Main Road, Raja Annamalaipuram, Madras-28. As per the letter Ex.P.1, dated 6th November, 1975 written by the respondent to the petitioner, in which both the respondent and the petitioner have signed, the petitioner agreed that he would sell the respondent's house as per the terms of Ex. P.1. The contents of the letter Ex. P. 1 are as follows:

(2.) IN pursuance of the letter Exhibit P-l, the title deeds in respect of the aforesaid property belonging to the respondent were handed over to the petitioner. Since the deal of sale did not go through, a complaint was lodged by the respondent against the petitioner to the police. It was contended by the respondent that the petitioner had not arranged for the sale within the stipulated period of two months, that the petitioner was retaining the title deeds with him and that the petitioner has collected certain amounts. The Magistrate on receipt of the complaint under section 156 (3), Criminal Procedure Code, by the respondent, referred the case to the police. The Sub-INspector of police, after investigation, filed a charge-sheet against the accused/petitioner under sections 420 and 409, INdian Penal Code. On the evidence projected by the prosecution before the trial Court, it came to the conclusion that a oase has not been made out against the petitioner to warrant his conviction under the aforesaid sections and therefore, acquitted the petitioner. With reference to the return of the title deeds, which formed part of the exhibits in the case C.C. No. 15156 of 1977 the trial Court observed:

(3.) THE short question that arises on the facts of this case is whether the respondent is entitled to the possession of the documents, or the petitioner.