VELUR DEVASTHANAM Vs. A SAMBANDAMURTHI NAINAR

JUDGEMENT

(1.) Criminal Revision Case No. 1227 of 1951 has been filed against the order dropping proceedings under Section 145 Criminal p. C., made by the Sub Divisional Magistrate, Mayuram, in M. C. No. 74 of 1951.

(2.) The facts are: On the ground of strained feelings existing between the Velur Devastanam & Sambandamurthi Nainar in connection with the cultivation of five survey numbers in the village of Maruvathur, 24 acres in extent, a preliminary order dated 13-7-1951 under Section 145(1), Criminal P. C., was issued calling on Both the parties to put in their written statements in regard to the factum of actual possession. The lands were also attached under Section 145(1), Criminal P. C., and the Tahsildar of Sirkali was directed to be the Court agent. This order was passed on 14-7-1951. The Tahsildar of Sirkali look possession of the lands on 18-7-1951. On 26-7-1951 the Tahsildar held an auction in respect of the lease of the lands for fasli 1361 and one Gopala Chettjar was the highest bidder and the lease was granted to him for 290 kalams of paddy and 72 bundles of straw. This Gopala Chettiar is stated to have deposited Rs. 1848-8-0 as security for the due performance of the obligation under the lease. In response to the preliminary order dated 13-7-1951 written statements were filed by the parties on 4-9-1951 and 11-9-1951. These are the facts constituting the background as to what happened on 19-9-1951.

(3.) On 19-9-1951 P. W. 1, the Head Clerk of the petitioner Devastanam as well as the counter-petitioner (R. W. 1) were examined and the learned Sub Divisional Magistrate passed the following Order: