K. C. Srimanavedan Raja – Appellant
Versus
Parapravan Moidu – Respondent
1. This is an application to revise an order passed by the Sub-Divisional Magistrate of Tellicherry under Section 145, Criminal Procedure Code. The rival Jenmies were disputing the right to possession in respect of a tract of forest land 30 square miles in extent. In February 1919, the Inspector of Police reported to the Magistrate that there was a likelihood of a breach of the peace in respect of the possession of this property. Thereupon he initiated proceedings under Section 145, Criminal Procedure Code. Meanwhile a suit was instituted in the Munsifs Court in respect of the very same property. An injunction was issued by the District Munsif. In consequence of the issue of this injunction the Magistrate stayed his hands for some time. Subsequently this injunction was dissolved by the District Judge in August 1919. The Magistrate revived the proceedings under Section 145, Criminal Procedure Code. We are told that there was a fresh report from the Police Inspector informing the Magistrate that there was a likelihood of a breach of the peace. After passing a preliminary order, the Magistrate proceeded to the disputed locality and inspected it. According to the affidavit filed i
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