( 1 ) IN this petition filed, under Sec. 482 Crlpc, the order d 2-1-1978 passed by the Judicial Magistrate, First Class (II Court) Mangalore, Dak-shina Kannada, in directing handing over possession of a motor cap (Premier Padmini) bearing registration No MEN 399 to respondent-2, is challenged.

( 2 ) THIS petition has been filed on 4-1-78. Sri Mohandas N. Hegde, learned advocate appearing for the petitioner submitted that he may be permitted to argue the petition as if it is a criminal revision petition because, it has been filed under Sec 482 of the Crlpc due, to misconception of the effect of Sec. 397 ( (2) of the Crlpc, 'but that misconception has begin recently removed as the law came to be settled by the Supreme Court in december 1977. The permission is granted and this petition is heard and disposed of in exercise of the revisional jurisdiction of this Court.

( 3 ) THE undisputed facts are that respondent-2 Mary Georgel is the wife of C. X. George (now deceased ). C. X. George entered in to a hire purchase agreement with the petitioner finance company and secured possession of the car aforementioned as per the terms of the, agreement. He went on abiding by the terms. It may be

Click Here to Read the rest of this document