JUDGMENT:- The facts giving rise to this appeal may be stated briefly. A criminal case was instituted against the plaintiff by the defendant as per his complaint (Ext.A-4). In Ext.A-4, it was alleged that the defendants (in the instant suit) had earlier instituted proceedings under Sections 107 and 145, Cr.P.C. against the plaintiff and thereafter the plaintiff, in order to harass the defendant and also to take over possession of his land, trespassed into a part of his land and forcibly erected some posts thereon, with the object of putting up a fence. In the schedule of the said complaint (Ext.A-4), where the boundaries of the land were given, it was also stated that the plaintiffs had put up a fence within the said land for about 7 cubits. Various dates for hearing were fixed by the learned Magistrate upon receipt of this complaint, but finally vide the learned Magistrates order dated 29-4-68 the following order was passed-

"On the other hand the case is being dragged in this way since 1966. So, I do not find any justification to drag this two years old case any further. Hence the accused persons are acquitted under Section 247, Criminal Procedure Code."

2. Hence this suit