JUDGMENT

S.C. Parija, J.—Whether a tenant whose tenancy has come to an end by efflux of time on expiry of his tenancy or has been terminated by notice and who continues in possession of the tenanted premises can be said to have committed the offence of criminal trespass under Section 441 I.P.C. (Orissa Amendment). This is the moot question which needs to be determined in the present case where cognizance has been taken against the petitioner under Sections 447/448 I.P.C. which is under challenge in this application under Section 482 Cr.P.C.

2. The case of the petitioner (accused) is that he was a tenant under the opposite party (complainant) of the premises consisting of four rooms situated on plot No. 1687 under Khata No. 38 in village Sundergram, measuring an area of Ac. 0.2.5 kadi. The said tenanted premises was given on rent to the petitioner on a monthly rent of Rs. 500/- and the petitioner was occupying the said premises as a tenant, on payment of monthly rent.

3. In July, 1998, the wife of the petitioner entered into a negotiation with the opposite party (complainant) for purchase of the tenanted premises and accordingly an Agreement was executed between them on 25.7.1998 fo