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1971 Supreme(Mad) 681

SOMASUNDARAM
S. R. Srinivasa Thathachariar, Petitioner – Appellant
Versus
Pitchai Muthu Moopan and Others – Respondent


Advocates Appeared:V. T. Rangaswami Iyengar For K. Gopalachari, T. S. Arunachalam, V. Ratna Mudaliar, R. Shanmugham, Advocates.

Judgment :-

These two revisions arise out of the orders passed by the learned Sub Divisional Magistrate of Arivalur, in proceedings under Section 145 Criminal Procedure Code, in M.C. Nos. 56 and 62 of 1971 on his file. The dispute related to the possession of certain lands situated in Muthiriyar, a village in Lalgudi taluk. The revision petitioners are the owners of these lands; there is no dispute about it. The respondents claimed tenancy rights in June 1970. In November 1970, the petitioners moved for action under Section 145 Criminal Procedure Code. On the report of the Police, the Executive First Class Magistrate, Musiri, issued the preliminary order under Section 145(1) Criminal P.C. on 25-11-1970. He attached the property and appointed the village Headman as the Receiver. The parties filed their written statements. The proceedings were then transferred to the Sub-Divisional Magistrate for disposal. Documents, Ex. A. 1 to A. 9 series, were filed by the petitioners for substantiating their contention that the respondents were only pannayals doing word in the lands for wages. Exs. B. 1, receipt for electricity charges, and Ex. B. 2, another letter issued by the President of the












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