RICARDO NAZARETH Vs. JOAO FRANCISCO DSOUZA

JUDGEMENT

(1.) Heard the learned Counsel on behalf of both the parties.

(2.) The dispute between the applicant and the respondent (i.e. respondent No. 1) is as regards possession of House No. 274 situated in Survey No. 203 of Village Malar, Tiswadi, Goa, admittedly belonging to Francisco V. D'Souza, and, the challenge in this petition filed under section 482 of the Code of Criminal Procedure, 1973 (Code, for short) is to the Order dated 9.11.2006 of the learned S.D.M., Pana, as confirmed by the learned Additional Sessions Judge by Order dated 3.2.2007, by which the learned S.D.M. has directed the applicant (party No. 2) to hand over the possession of the said house to the respondent (party No. 1).

(3.) Some more facts are required to be stated to dispose of this petition. The case of the respondent at whose behest the proceedings were initiated by the learned S.D.M. under section 145 of the Code, was that he was the tenant of the said house by virtue of Agreement dated 3.7.2001 executed between him and the said Francisco V. D'Souza and that he was residing in the said house until 3.7.2001 when he shifted his residence to Porvorim but his employee particularly one Vishwanath Reddy continued to reside in the said house but on 29.5.2006 in the absence of the said Vishwanath Reddy the applicant forcibly entered the house by breaking the locks and kept out the belongings of the said Vishwanath Reddy and when he 5. questioned the applicant, the applicant threatened him with dire consequences in case the respondent came again in the said house and further threatened him that he should not complain to the Police but he filed a complaint on the same day to the Police alleging that he was forcibly and illegally dispossessed of the suit house by the applicant.