SITA RAM ALIAS MUNNU Vs. STATE

JUDGEMENT

(1.) THIS revision is directed against an order of the learned Sessions Judge, Mirzapur upholding the applicant's conviction and sentence of Rs. 200/ - as fine Under Section 448 IPC passed by Sri A.U. Khan, Tahsildar, Magistrate Second Class, Chunar Mirzpur on 17.12.1963. The learned Magistrate while convicting the applicant also passed an order Under Section 522 of Code of Criminal Procedure ordering the possession of the rooms from which the complainant was dispossessed to be restored to him.

(2.) OPPOSITE Party Moti Chand filed a complaint before the Magistrate on the allegation that he was a tenant in occupation of some rooms in the upper storey and one room and a verandah downstairs in the premises in question wherein he was carrying on his business of manufacturing Biris under a licence from the Government, and that during his absence the applicant broke open a wall of the upper room and took forcible possession over the same. On his return he gave a notice to the applicant on 21.2.63 to vacate the wrongful possession but it was not heeded to. Hence the complaint. The defence of the accused was that he was the owner of the house in question under a sale deed dated 4.3.1963 which he had obtained from the previous owner and that the opposite party had been a tenant of only a verandah and a chabutra or the ground floor and that his case of being a tenant of some rooms on the upper storey was absolutely false. The learned Magistrate on assessment of evidence led by the parties reached the conclusion that the opposite party was in possession of one room and the kotha and that he had been dispossessed forcibly by the applicant during his absence and, therefore, convicted and sentenced him as indicated earlier. On appeal the conviction and sentence of the applicant was maintained by the learned Sessions Judge.

(3.) LEARNED Counsel has, however, argued that on the facts found established by the courts below the order of the Magistrate Under Section 522 of the Code of Criminal Procedure directing the restoration of the possession of the rooms in dispute to the opposite party is illegal. I find force in this contention.