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1960 Supreme(Ker) 43

ANNA CHANDY
Alikunju – Appellant
Versus
Alikunju – Respondent


Advocates Appeared:
T.K. Narayana Pillai and D. Narayanan Potti, for Petitioner;
S. Nilakanta Iyer and Smt. K. Parukutty Amma, for Respondents.

ORDER :-

The Kundara Police Inspector having registered Crime No. 73 of 1959 under S. 448, S. 454 and S. 505(4)(sic) of the Indian Penal Code against three accused, arrested accused 1 and 3 and took them to the Police Station after locking the house with the key produced by the accused. The accused filed a petition for the return of the key they produced before the police which was allowed the Sub-Divisional Magistrate, Quilon. Aggrieved by this order the first informant has come up in revision.

2. A few facts may be referred to in the disposal of this Revision Petition. The first informant assigned the house alleged to have been trespassed upon and the compound in which it is situated to his daughter for her streedhanam and she and her husband were in occupation of the house for about 10 months after their marriage. After that her husband left the place in search of a job and did not return. Thereafter the house was occupied by the daughter and the petitioner's wife. Occasionally they used to go and live with the petitioner in his house.

On 03-05-1959 they locked up the house and went over to the petitioner's house and when they returned on the 6th they found the house broken into an















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