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1964 Supreme(Cal) 71

R.N.DUTT
KASHI NATH PATHAK – Appellant
Versus
KITU RAJWAR – Respondent


Advocates Appeared:
Birendra Nath Banerji, Hemanta Krishna Mitra, N.C.BANERJI, P.S.BASU

R. N. DUTT, J.

( 1 ) THIS revisional application is directed against an appellate order of acquittal setting aside an order of conviction and sentence under Ss. 143,144 and 144/ 114 of the Indian Penal Code.

( 2 ) THE prosecution case was as follows : The petitioners are the owners of c. s. plot No. 1130 of Mouza Birgiri. This plot is known as Dakshinabaid land. The petitioners are also owners of some other land known as Bansihahal land. The petitioners executed usufractuary mortgage of the Dakshinabaid land in favour of Hurar Majhi and of the Bansibahal land in favour of Banku Rajwar on June 27, 1945. The petitioners paid back the dues on the mortgages on April 11, 1959 and took back possession of the lands. The petitioners then ploughed the lands. Transplantation was completed on Bansibahal land. Transplantation was also done in a portion of Dakshinabaid land. Thereafter Brahmananda Pathak the Opposite Party in Revision Case No. 1139 raised objections. The petitioners thereupon filed a proceeding under Section 144 of the Code of Criminal Procedure on August 6, 1959. Orders were passed in this proceeding restraining opposite parties 1 to 7 in Revision Case No. 1138 from interfer







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