PALANI PANNADI Vs. NANJAMMAL

JUDGEMENT

(1.) THIS is a petition seeking to revise the order of the Court of the District Magistrate (J) of Coimbatore confirming the order of the trial Magistrate convicting the four accused-petitioners of the offence under Section 448 IPC and the consequential order passed under Section 522 (1) Crl. P. C. in regard to the restoration of the property to the complainant-respondent.

(2.) BRIEFLY the facts are: Naniammal fl?w. 3) obtained a decree for possession against accused-petitioners 2 and 3 in O. S. No. 1676 on the file of the court of the District Munsif of Coimbatore. in respect of the house bearing door No. 12/190 situated in Sineanallur. The complainant (P. W. 3) took out execution to recover possession, and delivery was ordered thereon by the Court. There is the delivery warrant issued to P. W. 1, the Amin of the court, to effect delivery. P. W. I. Amin, accompanied by P. W. 3, the decree-holder, and P. W. 2, the village munsif, went to effect delivery on 16-4-1970. Accused-petitioner 3 and a girl were present in the house. P. W. I informed A-3 that he had come to effect delivery. A. 3 refused to give delivery and staged a walk-out. P. W. 1 took out all the articles kept inside the house and placed them outside. He prepared an inventory and handed them over to one Nagappan. brother of A. 3. The prosecution proved the delivery athakshi (Ex. P. 2 ). sisned by P. W. 2, the village munsif, and PW. 3 the decree-holder, and P. Ws. 4 and 5. two independent witnesses.

(3.) P. W. 3 accompanied the Amin P. W. 1. to the bus stand for sending him away. All the four accused petitioners broke open the lock in the meantime and occupied the house. The complainant (P. W. 3) returned from the bus stop and found the house broken open and occupied to hell dismay. She auestioned the accused-petitioners but thev replied arrogantly. She sought redress before the Court.