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1974 Supreme(Mad) 470

N.PAUL VASANTHAKUMAR
P. A. Chinnaswamy and Others – Appellant
Versus
Chandra Rao S. Kathavukar – Respondent


Advocates Appeared:K. Ramaswamy, N. Ganapathy, S. A. Rajan, Advocates.

Judgment :-

The first and second revision petitioners have been convicted of an offence under Section 448, Indian Penal Code by the learned Fourth Presidency Magistrate, Madras and sentenced to pay a fine of Rs. 25/-, in default to undergo R.I. for two weeks and the third revision petitioner has been convicted of an offence under Section 426, Indian Penal Code and sentenced to pay a fine of Rs. 25/- in default to undergo R.I. for two weeks.

2. The facts are as follows : The Respondent Chandra Rao S. Kathavukar filed H.R.C. No. 327/72 before the Rent Controller and obtained an ex parte order of eviction against the first revision petitioner and one Elumalai and in execution of that order, in E.P. No. 558 of 1972, the bailiff P.W. 2 went to No. 1, Rattan Bazar, Madras along with the Complainant's agent P.W. 4 at about 2 p.m. on 27-6-1972 to execute the delivery warrant. In that premises P.W. 1 the complainant is keeping a tailoring shop in the upstairs while in the downstairs the first revision petitioner is having a rope shop and one Elumalai is also keeping a rope shop and a betel-leaf shop. According to P.W. 1 the Complainant and P.W. 2 the bailiff and P.W. 4 the agent of P.W. 1, P














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