JAINAB BI Vs. DURGA PRASAD

JUDGEMENT

(1.) THE present revision petition is against the order dated 17.6.1989 passed by Second Additional Sessions Judge, Chhindwara in Criminal Revision No. 97 of 19S8, allowing the revision petition of the non -applicant and reversing the order passed by Sub -Divisional Magistrate, Chhindwara under section 133, Cr. P. C.

(2.) ACCORDING to the applicant, the house in dispute is in dilapidated condition and she wants to eject the non -applicant from the house on that account. She, therefore, filed an application under section 133, Cr. P. C. before the Sub -divisional Magistrate, Chhindwara.

(3.) ONE Guru Prasad the husband of the applicant lainab Bi (Jainat Bi) filed an application before the Sub -Divisional Magistrate against the non -applicant for ejectment of the non -applicant on the ground that the non -applicant is in unauthorised occupation of the disputed house which is in dilapidated condition and is likely to fall. The non -applicant denied the facts and submitted that h" is the tenant in the suit premises at the rate of Rs. 5/ - per month since the days' of the predecessor in title of the applicant.