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1958 Supreme(Mad) 61

SOMASUNDARAM
Muthu Sethurayar – Appellant
Versus
Lourduswami Odayar – Respondent


Advocates:
G.R. Jagadisan, for Petitioners.
R. Santhanam and T.S. Kuppuswami Ayyar, for Respondents.
The Public Prosecutor (P.S. Kailasam), for the State.

Order

This is a Revision Petition against the order of the Ex-Officio First Class Magistrate at Mannargudi in M.C. No. 1 of 1957 on his file. The petitioners herein are A party and the respondents, B party. A party, that is, the petitioners herein, asked for an order under section 145, Criminal Procedure Code, in respect of the properties which are subject-matter of dispute and which are mentioned in the schedule annexed to the petition. In accordance with the procedure laid down, affidavits and also documents were filed by both parties. As the lower Court was unable to decide as to who was in possession of the properties, the matter was referred to the Subordinate Court, Tanjore, under clause (1) of section 146, Criminal Procedure Code. The Subordinate Court, after perusing the affidavits and the documents, gave a finding that B party was in possession of the lands and transmitted the findings together with records of proceedings to the Magistrate who made the reference. The Magistrate, thereupon, disposed of the petition in conformity with the decision given by the Subordinate Court and found that B party was in possession of the lands. Against that order A party has filed this re









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