N SHANMUGAVEL Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) THE revision petitioner is the defacto complainant in C. C. No. 20 of 2000 on the file of the Court of Judicial Magistrate No. I, Thiruppur. The revision is directed against the order of acquittal of the accused 1 and 2. Since the defacto complainant died during the pendency of the revision, his son has been brought on record in his place.

(2.) AS per the case of prosecution, the complainant purchased 50 cents of land in Survey no. 205/2b in Rakhiapalayam Village as per sale deed Ex. P. 8 dated 19. 6. 1992 for Rs. 12,500/-from the accused, who claimed that they had valid title ancestrally to the property conveyed to the complainant. Since the complainant was restrained from entering into the land by one subramaniam, son of Muthusamy Gounder, he filed O. S. No. 753 of 1992 on the file of the district Munsif, Thiruppur, for permanent injunction and the same was subsequently transferred to the file of District Munsif, Avinasi. Along with the suit, I. A. No. 2426 of 1992 was also filed by him for temporary injunction and the said petition was dismissed on 26. 7. 1993 on the ground that the complainant had no valid title to the property purchased in view of the fact that his vendors had no title for the same. He also came to know that his vendors, viz. , A-1 and A-2, did not have any right or title to the property conveyed as per partition deeds dated 26. 3. 1960 and 16. 02. 1987. Therefore, the complainant allowed the suit to be dismissed and accordingly, the suit O. S. No. 753 of 1992 was dismissed for default. It is also stated in the complaint that dry land of 9 Acres and 18 cents in Survey No. 205/2b in Rakhiapalayam Village originally belonged to one Muthu Range Gounder and his son M. Subramania Gounder and as per Partition Deed dated 26. 3. 1960, the same was partitioned between them and the entire land of 9. 18 Acres in ''a'' Schedule in Survey No. 205/2b was allotted to the share of Muthu Range Gounder and no share was allotted to Subramania Gounder. Subramania Gounder, son of Muthu Range gounder, viz. , A-1, and his son A-2 partitioned the properties in respect of the ''b'' Schedule property as per deed dated 16. 02. 1987 and even as per which, no property was allotted either to A-1 or A-2 in Survey No. 205/2b. Further, A-1 and A-2 by misrepresenting the fact that they have got title in respect of the above said 50 Cents in survey No. 205/2b, conveyed the property to the complainant and cheated him.

(3.) THE complaint was made to the Rakhiapalayam Police Station on 06. 01. 1999 and case was registered as per Ex. P. 6 printed First Information Report dated 28. 3. 1999. The Investigating officer, after completing investigation, filed final report under Section 420 I. P. C.