DASARATHI MONDAL Vs. HARI DAS

JUDGEMENT

(1.) This Rule was issued on the opposite parties Haridas Das and Jatish Kumar Seal calling upon them to show cause why a complaint should not be made against them for having committed an offence under Section 211, I. P. C., and under any other appropriate Section in connection with an application made by the Opposite Parties for proceeding for contempt against the present petitioners Dasarathi Mandal and others.

(2.) The facts briefly were that there was a temporary injunction against the present petitioners restraining them from disturbing the possession of the opposite parties in " certain parcels of land forming the subject-matter of Title Suit No. 12 of 1954 in the 1st Court of the Munsif at Sealdah for declaration that the right, title and interest of the opposite parties therein had not been affect ed by certain sales in execution of certain rent decrees and for other consequential reliefs.

(3.) The application for contempt alleged among other things that the opposite parties accompanied by hired men numbering about 100 Goondas armed with lethal weapons attempted to enter forcibly into the properties which were the subject-matter of the suit and in the course of such attempt broke open the gate, cut down one tree and also "broke down the gate". The Rule for contempt was discharged on a finding that the story that the members of the opposite parties broke open the gate and cut down one tree could not reasonably be believed. The question now is whether the Court should make a complaint against the opposite parties for having made these false allegations.