J J MAOKAY Vs. RHCAVE

JUDGEMENT

(1.) The plaintiffs-respondents sued for a declaration of their right to the lands in dispute which Had been attached under orders of the Criminal Court under Section 146 of the Criminal procedure Code and for mesne profits against the defendants 1st party.

(2.) The plaintiffs were owners of a 14 annas share of the lands and the defendants 1st party were owners of the remaining 2 annas, which also were subsequently acquired by the plaintiffs and they are now the owners of the entire 16 annas. It is alleged in the plaint that the defendants 1st party falsely setting up a tenancy claimed possession and made preparations to obtain forcible possession of the lands in dispute, and the Police having come to know this reported to the Magistrate that there was likelihood of a breach of the peace over the question of possession of the said land and proceedings were drawn up under Section 145., Criminal Procedure Code, and the Magistrate after taking evidence in the matter ordered the lands to be attached under Section 148 of the Criminal Procedure Code, as he was unable to find which party was in possession of the lands and that as the plaintiffs since that order have been wrongfully kept out of enjoyment of the lands, by the fraudulent and false claim of the defendant 1st party, they were entitled to mesne profits from them.

(3.) The defendants 1st party pleaded that they had no concern with the lands in dispute, that the plaintiffs were not entitled to any mesne profits against them, that; Mrs. Mackay who was in possession of the land covered by plot No. 1 of the order of the Criminal Court, not having been made a party, the Suit could not, proceed.