SATYA NARAIN Vs. STATE

JUDGEMENT

(1.) THIS-is a reference by the learned District Magistrate of Jodhpur.

(2.) ONE Hariram filed a complaint in the Court of Tehsildar (Second Class Magistrate) Bilara on 27th May, 1952 on the allegations that the accused Satyanarain was his tenant under a lease executed by the accused. On his failing to pay rent, the complainant asked the accused to vacate the house and after some negotiation the complainant agreed to the execution of a fresh lease by the accused. It was alleged that the accused asked the complainant to deliver the previous document of lease so that he could execute a new one and on that representation the complainant delivered the old document of lease to the accused. The accused had no intention to execute a fresh lease and therefore did not execute any and retained the document with himself.