SARJOO PRASAD
Rajbanshi Thakur – Appellant
Versus
Chandey Jha – Respondent
Sarjoo Prasad, J.
1. This is an application filed by the petitioner, who was the complainant in the case, for setting aside the order o£ the lower appellate Court in regard to the direction made by the trial Court for restoration of certain property under Section 522, Criminal P. C. The dispute in question related to plot No. 1529, on which, it is alleged, stands the residential house of the petitioner, be having no other place of abode except the house in question. The petitioners case is that he had been coming in possession of the house and the land since long and bad been residing therein with his two minor nephews. On 31-5-1949, when the two minor nephews were away to their nanihal and the petitioner himself had gone to the local Registry Office at Balsand in order to register certain deed after locking the house, the opposite party, in the absence of the petitioner, along with one Loknath Thakur raided the house with deadly weapons, broke open the lock of the house and forcibly entered and occupied the house and looted the articles therein. One of the prosecution witnesses, prosecution witness 2, who saw the occurrence, informed the petitioner about it. On receiving t
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