TIGUTI VENKATA PEDDIRAJU Vs. BALIREDDI APPANNA

JUDGEMENT

(1.) This is a revision petition by Tiguti Venkata Peddiraju and another to revise the order of the learned Additional District Mun-sif Magistrate, Kakinada dated 9-11-1964 in Cri. L. M. P. No. 272 of 1964 in M. C. No. 190 of 1961. The order runs as follows:

(2.) The claim of the two petitioners is as follows: The first petitioner viz., Tiguti Venkata Peddiraju, purchased an extent of Acs. 6-20 cts. of land in court auction in execution of 0. S. No. 75 of 1948 on the file of the learned Subordinate Judge, Kakinada. He subsequently entered into a compromise with the Judgment-debtor on 10-9-1963 and got possession of the land the had obtained a sale certificate on 3-2-1959) and the compromise was recorded on 23-10-1963. The land comprised in the sale certificate includes the disputed land of Acs. 2-00. Respondents 1 to 3 trespassed into the land. The first petitioner filed a complaint in Court. Respondents 1, 2, 3 pleaded in that Court that they had vacated the land and were no longer in possession from January 1964. The petitioner went to the field on 27-3-1964 and then found respondents 4 and 5 present there and questioned them. The latter threatened the first petitioner. The result was that the petitioner filed a petition against the respondents 4 and 5.

(3.) The Sub Divisional Magistrate, Kakinada registered the case as M. C. No. 5 of 1964 and passed a preliminary order on 15-4-1964. On 3-5-1964, respondents 4 and 5 filed written statements and the petitioner also filed a written statement. The second petitioner is the lessee of the first petitioner. The learned Magistrate attached the dispute property and passed an order in Crl. M. P. No. 272 of 1964.