MANGAL RAM BHAGAT Vs. STATE

JUDGEMENT

(1.) THIS reference has been made by the Addl. Sessions Judge, Dehradun, by the order dated 21-12-1973 in Criminal Revision No. 47 of 1972 with the recommendation that the conviction and sentence of die applicant under Section 448, I. P. C. be quashed. The applicant was prosecuted under Section 448, I. P. C. on a complaint filed by Sri Sheel Chand Jain, Karinda of Narendra Welfare Trust. The Trust had purchased certain properties including the property in dispute from Smt. Satbala Jain. Smt. Satbala Jain had purchased that property from one Musaddi Lai in the year 1963. Admittedly, the applicant was in possession of the property in dispute from the time of Musaddilal as he was related to him. The case of the complainant was that after purchasing the property on 2-7-1971 the Chairman of the Trust served a notice dated 22-7-1971 on the applicant to vacate the rooms within a period of one week. He had promised to do so but he then did not vacate the property. Hence a complaint was filed under Section 448 read with Section 441, I. P. C. as amended by Uttar Pradesh Criminal Laws (U. P. Amendment), Act, 1961.

(2.) THE defence of the applicant was that he and his father had made certain pucca constructions on the land with the permission of Musaddilal and as such they were lawfully in possession and were not liable to be ejected.

(3.) THE dispute is clearly of civil nature. Section 441 has been substituted as follows by U. P. Act XXXI of 1961: