IN RE: MANICKAMMAL Vs. STATE

JUDGEMENT

(1.) In this case, the two petitioners ask for a revision of the appellate order of the learned VI Additional Sessions Judge, Madras, in C.A. No. 390 of 1979, convicting them for an offence under S. 448, I.P.C. and sentencing them to pay a fine of Rs. 150 each, in default to suffer simple imprisonment for one month, and also the order directing possession of the house bearing door No. 48, Perumal Koil Garden, 5th Street, Madras-1 to be restored to P.W. I. Originally, they were tried before the 3rd Metropolitan Magistrate, George Town, Madras, in CC. No. 15906 of 1978, and they were convicted for the offered under S. 48, I.P.C. and sentenced to pay a fine of Rs. 300 in default to suffer simple Imprisonment for three months each, in addition to the order under S. 456, Crl. P.O. directing possession of the house in question to P.W. 1.

(2.) The case against the petitioners in a nutshell is as follows:- The house bearing Door No. 48, Perumal Koil Garden, 8th Street, Madras-1, belongs to Kesava Perumal Devasthanam. The superstructure is owned by P.W. 1. P.W. I was paying rent for the land to the Devasthanam. He constructed the superstructure after getting the necessary approval of the plan by the Corporation of Madras. He had let the house for rent to the husband of the first petitioner on a monthly rent of Rs. 20. After the death of the first petitioner's husband, the first petitioner and her daughter, viz., the second petitioner, were occupying the said house. As they were in arrears of rent and also as the premises was required for the personal occupation of P.W. I, a petition in H.R.C 80t of 1975 was filed by P.W. 1 before the 8th Judge, Court of Small Causes, Madras. The petitioners were ordered to be evicted. On 2nd November, 1978 P.W. 2, bailiff of the Court of Small Causes, Madras, went to the said premises along with P.W. 3, Head Constable attached to C-3 Police Station, to deliver possession of the house, after removing the petitioners, armed with the warrant, Ex. Pl. P.W. 3, after removing the household articles and after evicting the first petitioner, handed over possession of the house to P.W. I. took possession of the house by putting a lock.

(3.) On 4th November, 1978, when P.W. I went to the house, he found the lock with which he bad locked the house broken and the two petitioners occupying the house. P.W. 1 gave a complaint to C-3 police station on 8th November, 1973 and as he was directed to give a complaint in court, he filed- a private complaint before the 3rd Metropolitan Magistrate, George Town, Madras. The delivery of the possession was duly reported to the 7th Judge, Court of Small Causes, Madras, by P.W. 2 on 3rd November, 1978 and it was recorded and the execution proceedings were terminated.