Horwill, J.

1. The petitioner laid a complaint of house-breaking and theft against his brothers-in-law and a man who is said to have enticed away his wife. The Stationary Sub-Magistrate of Kulitalai found all the three accused guilty and, sentenced them to various fines and ordered the property to be restored to P. W. 1. In appeal, the Joint Magistrate of Karur, while not disagreeing with the Sub-Magistrates finding that the accused had removed the property in question, thought that they had done so in good faith believing that the property belonged to the wife of the complainant. He therefore allowed the appeal and set aside the conviction; but he made no fresh order as to the disposal of the property. The Stationary Sub-Magistrate, on a motion of the complainant, made a reference to the Joint Magistrate asking him for orders as to the disposal of the property; and the reply of the Joint Magistrate was that the property should be restored to the complainant as ordered by the Sub-Magistrate. Subsequently, the wife of P. W. 1. applied to the Joint Magistrate asking him to return the property to her on the ground that it was her property. The Joint Magistrate, without giving not