KESRIMAL Vs. LADIA

JUDGEMENT

(1.) THIS is a reference by the learned Sessions Judge of Jodhpur.

(2.) THE facts out of which this reference has arisen are as follows: One Jasraj filed a complaint under sec. 447 I. P. C. against Ladia and Puria Sirwis of village Kharia, Tehsil Bilara, on the allegations that the complainant was in possession of seven fields Nos. 1489, 1495, 1497, 1480, 1500 and 1501 comprising an area of 118 bighas and 34 biswas of land, as also another plot of land No. 1485 measuring 2 bighas and 33 biswas in area, situated in Kharia village. He alleged that the accused had dispossessed him on 23rd October 1947. THE complaint was filed on 20th November 1947. THE accused were convicted on 5th July 1949 by the Second Class Magistrate and sentenced to pay a certain fine. On appeal the District Magistrate of Jodhpur maintained the conviction but reduced the fine by judgment dated 22nd March 1950.