Judgment :-

S.B. Sinha, J.

1. Leave granted.

2. This appeal is directed against the judgment and order dated 19.06.2008 passed by a learned Single Judge of the High Court of Kerala in Criminal M.C. No. 1709 of 2008 whereby and whereunder an order dated 3.04.2008 passed by the Sub-Divisional Magistrate was affirmed.

3. Appellant is said to be the owner and in possession of 13 < cents of land in Survey No. 412/1 of Kizhakambalam Village. On or about 09.01.1996, a complaint was filed by the respondent No. 3 alleging that the property in question belonged to him. A report was submitted by the Sub- Inspector of Police on 12.04.1996 before the Sub-Divisional Magistrate under Section 145 of the Code of Criminal Procedure stating that there existed a dispute over title of the said property by and between the appellant and the respondent No. 3. Before the Sub-Divisional Magistrate the appellant herein was arrayed as `the B party and the respondent No. 3 herein was `the A party. By an order dated 9.10.1997, the Sub-Divisional Magistrate held:

"As B party is stated to be residing in the building constructed in the disputed property, he is directed to handover the property to A party within two