LAWS(MAD)-2011-3-423

M V MOHAMMED Vs. M SRIIVASAN

Decided On March 04, 2011
M.V. MOHAMMED Appellant
V/S
M. SRINIVASAN Respondents

JUDGEMENT

(1.) By consent of both sides, the matter has been taken up for final hearing. Petition has been filed seeking a direction to call for the proceedings in C.C.No.2731 of 2010 on the file of the learned XV Metropolian Magistrate Court, George Town, Chennai and quash the same.

(2.) Petitioners are the accused in a private complaint given by the respondent before the learned XV M.M, George Town. Chennai. The offence alleged by the complainant is a criminal trespass. The facts leading to filing of such complaint is as follows:

(3.) The complainant is the owner of 10 grounds of land with superstructure which was the subject matter in a compromise decree in C.S.No.947 of 1990. Out of the said extent, sale to an extent of one ground was ordered under Sec.9 of the City Tenants Protection Act in O.S.No.6182 of 1992 by the 8th Asst. Judge, City Civil Court, Madras. The sale was effected and possession was delivered to the 1st petitioner through a sale deed dated 22.2.1995. In the meanwhile, eviction was ordered to another extent of land and building regarding another tenant which is adjacent to the land sold to the petitioners. With the aid of the police, possession was taken as per the proceedings of EP No. 143 to 146 of 2009. However, it was noticed that the petitioner have occupied 3840 sq.ft over and above the actual extent sold to them and thus they have trespassed into the property and have blocked the way of the complainant to the rest of his properties.