EMPEROR Vs. KADHU SINGH

JUDGEMENT

(1.) I do not see any reason to interfere. It is one of those cases arising out of one of those wretched little village squabbles, which should be disposed of by the Magistrate, but which both parties prefer to dispose of by lathis. These present applicants went prepared for a fight. They knew that there were other persons who claimed right and title in these trees. They thought to steal a march on them. They knew very well that there was a probability that they would be met by force. They cut down one tree in dispute, then they proceeded to cut down another. From the point of view of their opponents they were doing an act either of theft or mischief. In doing so they knew what they had to expect. They went prepared to fight, and they did fight. They have been punished, and rightly punished too. It is not a case where a man has been in actual exclusive possession of the land, in which case the presumptions of law are all in his favour; there is no such possession in this case. The petition is dismissed.