C K P MEMMON Vs. K P SULAIMAN

JUDGEMENT

(1.) The counter petitioner Nos. 2 to 5 before the Executive Magistrate have come forward with the instant Criminal R. C.

(2.) This criminal revision has arisen in this (sic) One Ibrahim had a first wife. Through her, he had a son by name Aboobacker. Ibrahim married one Kadeessu as the second wife. On 31-1-1953 Ibrahim executed a sale alienating the disputed property in favour of his second wife Kadeessu. Ibrahim died during 1958. Aboobacker was looking after the affairs of Kadeesu, and managed and maintained the properties. Aboobacker appears to have created some documents in favour of the first respondent herein by name Sulaiman. Sulaiman had obtained a Bogus possession certificate from the Tashildar and he claims possession of the disputed properties.

(3.) Petitioners one to three herein are the children of Kadeesu. Petitioners 1 to 3 herein were living in a rented house elsewhere. Since the landlord wanted them to vacate the property they constructed a residential building in the suit property and they are residing there for the past three months prior to filing of the petition on 26-12-97 the first counter petitioner Sulaiman, who is the first respondent herein had trespassed intothe property and demolished the house, regarding which a dispute arose and the matter was complained to the second respondent to the station House Officer Pallore Police Station, Mahe. The Station House Officer referred the matter to the Executive Magistrate under S. 145 of the Code of Criminal Procedure. The Executive Magistrate issued Notice under S. 145(1), Cr. P.C. directing all the counter petitioners i.e., petitioners 1 to 3 herein and the first respondent herein to appear before him on 7-1-98 at 3-00 p.m. to put their written statements. The parties appeared and petitioners herein submitted the written statement on 21-1-98 itself. On the same day, the Executive Magistrate passed order to the effect that no settlement was arrived at between the parties regarding possession and directed the petitioners herein to surrender the vacant possession to the station House Officer, Pallor Police Station, Mahe and directed the Tashildar. Mahe to take vacant possession of the land in R.S. No. 36/10 and keep the land in his custody till the ownership of the land is decided by the competent Court. It is this order that is being questioned by the petitioners 1 to 3 herein.