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1951 Supreme(Mad) 382

RAMASWAMI GOUNDER
Velur Devasthanam by its Head clerk, R. Ramaswami Pillai – Appellant
Versus
A. Sambandamurthi Nainar Counter – Respondent


Advocates:
Mr. T.S. Kuppuswami Iyer for Petitioner.
The Public Prosecutor (V.T. Rangaswami Ayyangar) for the State.

Order.

Criminal Revision Case No. 1227 of 1951 has been filed against the order dropping proceedings under section 145, Criminal Procedure Code, made by the Sub-Divisional Magistrate, Mayuram, in M. C. No. 74 of 1951.

The facts are: On the ground of strained feelings existing between the Velur Devastanam and Sambandamurthi Nainar in connection with the cultivation of five survey numbers in the village of Maruvathur, 24 acres in extent, a preliminary order, dated 13th July, 1951, under section 145(1), Criminal Procedure Code, was issued calling on both the parties to put in their written statements in regard to the factum of actual possession. The lands were also attached under section 145 (1), Criminal Procedure Code, and the Tahsildar of Sirkali was directed to be the Court agent. This order was passed on 14th July, 1951. The Tahsildar of Sirkali took possession of the lands on 18th July, 1951. On 26th July, 1951, the Tahsildar held an auction in respect of the lease of the lands for fasli 1361 and one Gopala Chettiar was the highest bidder and the lease was granted to him for 290 kalams of paddy and 72 bundles of straw. This Gopala Chettiar is stated to have deposited Rs. 1848-8-0













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