SMT. KASTURA Vs. STATE THROUGH HIRA LAL

JUDGEMENT

(1.) THIS is an application in revision against an order of the Addl. District Magistrate of Varanasi which he had passed in an application in revision.

(2.) THE fact appears to be that one Smt. Kastura, widow of one Dwarka Sahai, applied to the City Magistrate stating that there was a house belonging to her in which a tenant had been living. The tenant had absconded after locking the house. There was an apprehension that during the rainy season the house would fall and an irreparable loss would be caused if the house was not immediately repaired. It was, therefore, prayed that through police aid the lock of the house may be opened, a list of the property may be prepared and possession of the house be delivered to her. The application was made on 18 -6 -1957. On 22 -8 -1957 the City Magistrate passed an order that the police would break open the lock of the premises, make an inventory of the articles found therein and keep them in safe custody, in the presence of two respectable persons of the locality and possession over the house was to be delivered to the applicant, i.e., Smt. Kastura. Thereupon the lock was broken open, list of goods prepared and possession of the house delivered to Srimati Kastura.

(3.) AGGRIEVED by the order Smt. Kastura has come to this Court in revision.