DORAIKANNU PADAYACHI Vs. KALIAPERUMAL PADAYACHI

JUDGEMENT

(1.) THE petition has been filed against the order of the Sub -Divisional Magistrate, Ariyalur, awarding costs of Rs. 200 to the respondent under Section 148(3), Criminal Procedure Code in Criminal Miscellaneous Petition No. 50 of 1967.

(2.) WHAT happened in this case was this : The Sub -Divisional Magistrate, Ariyalur, in M.C.No. 58 of 1965 passed order on 28th June, 1965, declaring that the respondent herein was in possession of the disputed property. The revision petitioner preferred Crl. R.C. No. 879 of 1965 against the said order in this Court and the case was remanded for fresh disposal after fresh enquiry. The learned Sub -Divisional Magistrate, Pudukottai, in M.C.No. 69 of 1966 who took up the enquiry after the remand again found by his order dated 31st January, 1967, that the respondent herein was in possession of the disputed land.

(3.) THE respondent, after the order was passed filed an application for costs under Section 148 (3), Criminal Procedure Code, and the learned Sub -Divisional Magistrate ordered the revision petitioner on 16th March, 1967, to pay a sum of Rs. 200 to the respondent in Criminal M.P.No. 50 of 1967. Subsequent to this order, the respondent filed Crl.M.P. No. 639 of 1967 before the Sub -Divisional I First -Class, Magistrate, Ariyalur, for recovery of costs awarded in Crl. M.P.No. 50 of 1967.