SARAT CHANDRA SEN Vs. EMPEROR

JUDGEMENT

(1.) The circumstances of this case are as follows : The petitioner, Sirat Chandra Sen, is a Naib of the Bijui Raj.

(2.) The Raj brought a rent suit against one Ramnath Sonar and on June 2nd, 1914, obtained a decree for costs amounting to Rs. 6-2-9, with an order that if the turn were not paid within one month he should be ejected from his holding. On December 23rd, 1915, the Raj filed an application for execution of the decree, and this application was verified by the petitioner. There were several inaccuracies in the petition but it is not necessary to deal with them, for the substantial point is the allegation that the sum had been paid within one month from the decree. The result of the execution proceedings was that Ram Nath was ejected from the holding on May 19th, 1916. Then a fresh tenant was inducted on the land, and there followed a struggle between him and Ram Nath, which caused the local Magistrate to institute proceedings under Section 145, Criminal Procedure Code. In the course of the proceedings Ram Nath set out what he alleged to be the true facts about the decree and the execution proceedings. On the conclusion of the case under Section 145 the Magistrate submitted a report to the Munsif, and the latter after making an enquiry has passed an order under Section 476, Criminal Procedure Code, directing the prosecution of the petitioner.

(3.) The petitioner obtained this Rule on two grounds, viz., that the Munsif had no jurisdiction, and that the facts do not warrant the order.