SK. KABIR AND ANR. Vs. ARJUN SIAL

JUDGEMENT

(1.) THIS revision is directed against an order of the Additional Sessions Judge, Mayurbhanj, affirming the order of the Magistrate 3rd class, Balasore, convicting the accused -Petitioners under Section 379 Indian Penal Code and sentencing them to simple imprisonment for fifteen days and a fine of Rs. 20/ - each in default to undergo simple imprisonment for one week each, in Case No. C. 282/56/T. 40/57.

(2.) THE material facts are shortly these: Prior to 1943 one Jaikrishna Pal was the original proprietor in respect of a plot of land being plot No. 427 with an area of 0.87 decimals in Mouza Bada Madhusudanpur. He leased out the said land to his son -in -law Gangadhar Mahapatra by a lease deed. The complainant Arjun Sial claims to be a Bhag -tenant in respect of the said plot of land under Gangadhar Mahapatra.

(3.) ON January 9, 1943 the said plot of land by a registered deed of gift (ext. A) was given by Tafel Ahmed to his wife. In 1952, the Orissa Estates Abolition Act (Act I of 1952) came into force by virtue of which Tafel Ahamed's wife became a tenant in respect the said plot of land under the Anchal Adhikari. On July 20, 1954 and May 10, 1955 Tafel Ahamed's wife paid rent to the Anchal Adhikari (exts. B and B -1).