HAR LAL Vs. BANWARI LAL

JUDGEMENT

(1.) THIS is an application in revision by Har Lal, Richpal and Chandar who have been convicted by the Learned Second Class Magistrate, Mandawa under section 147 and sentenced to a fine of Rs. 50/- each. It has also been ordered that possession of the property in dispute be restored to the complainant Banwari Lal.

(2.) THE prosecution case is that the complainant got some land in village Molabas, mortgaged to him for Rs. 6,000/- by a registered mortgage-deed dated 25th of May, 1949. He also got actual possession over the fields in dispute, but in his absence, the accused who were eight in number, criminally trespassed upon the field and brought them under their plough. On his returning to Alwar, the complainant made a visit to the fields and requested the accused to hand over the possession to him, but they threatened the complainant with use of force, if he tried to enter the fields. THE date of occurrence was alleged to be Ist June, 1949.