C S SAMPATH Vs. R PERUMAL NAIDU

JUDGEMENT

(1.) THE petitioners have preferred the present revision petition aggrieved against the orders passed by the learned Sub Divisional Magistrate and Sub Collector, Tiruvellore made in R.C.No.7114 of 1999 dated 11.9.2000.

(2.) THE case in brief is as follows: THE respondent filed a petition under Sec.145 of Criminal Procedure Code (hereinafter referred to as "Code") before the authorities concerned on 22.12.1999 stating that the 8th petitioner is the owner of the property in dispute. THE father of the respondent had been cultivating the land on lease and after his demise, he has been cultivating the land for the past 30 years by paying the rent of Rs.4,800, for 12 bags of paddy per year. Due to some money transaction between the parties, the petitioners attempted to dispossess him from the land by way of bogus lease documents executed in favour of other parties in respect of the very same property. On 6.7.1999 the petitioners threatened to dispossess the respondent with the help of anti-social elements and therefore, the respondent filed O.S.No.177 of 1999 on the file of District Munsif Court, Tiruvellore. In the meantime, the petitioners ploughed the green gram on 6.12.1999 and on the next day, they also ploughed the land with the help of a tractor. THEre were chances for the breach of peace and public tranquillity. He had also filed affidavits of four neighbours.

(3.) POINT:There is no dispute that the property bearing Survey No.87/2 measuring 0.91.0 Hectare in Melanur Village in Tiruvellore Taluk, belonged to the 8th petitioner. The respondent already filed a suit in O.S.No.177 of 1999 on the file of District Munsif Court, Tiruvellore on 7.7.1999 and also filed I.A.No.1114 of 1999 for interim order of injunction. Admittedly, the interim order of injunction was not granted. When the petitioners attempted to take forcible possession of the property, the respondent was constrained to file a petition under Sec. 145 of Criminal Procedure Code before the Sub Divisional Magistrate, Tiruvellore. The report from Tahsildar was also called for by the Sub Divisional Magistrate and based on the report only, the Sub Collector ordered restoration of possession of the property to the respondent herein until evicted therefrom in due course of law.