1. This is an appeal by the State against the acquittal of the accused upon a complaint filed against them for an offeuce punishable under Section 186, Penal Code. The facts leading upto the prosecution of the accused may he shortly stated.

2. There is, in the village Chandor of the Chandor Taluka of the Nasik District, a field bearing survey No. 131 pot Ilissa No. 1 admeasuring 40 acres and 19 gunthas (pot kharab 34 gunthas) and assessed at Rs. 31-1-0. According to the present record, the land is survey No. 131 pot hissa No. 1A admeasuring 27 acres and 26 gunthas (pot kharab 28 gunthas) and assessed at Rs. 21-4-0. This land originally belonged to accused 1 to 3 who sold it on 12-12-1936 to one Dhanji Damodar Sonje of Chandor for Rs. 2500.

The property was subsequently given by Dhanji to accused 1 who passed a writing by way of a lease on 14-6-1939. As agreed to in the rent note, accused 1 did not give possession to Dhanji who filed a Civil Suit (No. 377 of 1943) against accused 1 for possession and on 3-3-1944 obtained a decree in his favour.

3. On 4-10-1949 Dhanji filed a Darkhast (No. 1 of 1949) to execute the decree and in that darkhast a notice was issued to accused 1.