UDAIRAM Vs. STATE

JUDGEMENT

(1.) This is an application in revision by Udairam and Bahadur against their conviction under sec. 447 of the Indian Penal Code. They have been sentenced to pay a fine of Rs. 400/ - each.

(2.) The dispute between the parties relates to Khasra No. 1233 situate in village Kohrana, District Alwar. It appears that Sheochand complainant had obtained a decree for recovery of possession of this and two other fields against Udairam. In execution of that decree a warrant for delivery of possession was issued by the Sub Divisional Officer, Behror. Before the warrant could be executed, Bahadur who is the brother of Udairam instituted a suit for declaration against Sheochand and in that suit obtained an ex -parte order of temporary injunction restraining the decree -holder from interfering with his possession over the said fields. The order of injunction was also issued from the court of the Sub -Divisional Officer, Behror. The order regarding delivery of possession was to be executed through the Tehsildar, Behror. It appears that Udairam appeared before the Tehsildar and apprised him of the order of temporary injunction issued by the Sub -Divisional Officer, Behror against Sheochand on which the Tehsildar on 15th September, 1959 issued an order directing the Girdawar Qanugo not to deliver possession to Sheochand untill further orders. Shri Basant Visharad Girdawar Qanugo who was examined as a prosecution witness admits that he had received information that a temporary injunction had been issued against Sheochand restraining him from taking possession. However, on 20th September, 1959 the Girdawar Qanugo executed the warrant for delivery of possession and Sheochand was actually put in possession of Khasra No. 1233. Thereafter Udairam and Bahadur forcibly and unlawfully took possession of the field on 14th October, 1959.

(3.) A report of this incident was made to the police and after investigation a challan was submitted against Udairam and Bahadur u/sec. 447 of the Indian Penal Code. The accused denied the charge and also the fact of delivery of possession to Sheochand on 20th September, 1959. Bahadur stated that he was in possession of the field.