GURUNATH PILLAI Vs. STATE OF MADRAS

JUDGEMENT

(1.) This criminal revision petition is preferred against the order made by the Party) vs. State of Madras and Anr. (08.08.1952 -MADHC) Page 2 of 3 Additional First Class Magistrate of Kumbakonam in M.C. No. 2 of 1951 directing that the properties involved in Section 145, Crl. P. C. be attached under Section 146, Crl. P. C.

(2.) The short facts are: The question which fell to be considered by the Additional First Class Magistrate was as to who was in possession of Section No. 457/3 after 20-4-1950 on 9-3-1951 that is whether the field had come to be in the possession of Veerappa Chettiar or had continued to remain I the possession of Kandaswami Pillai.

(3.) The learned Additional First Class Magistrate has discussed in paragraph 14 of his judgment the reasons for his inability to be satisfied as to who was in possession of the property. The learned Magistrate after setting out the evidence adduced before him on this point has stated: