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1969 Supreme(Ori) 66

A.MISRA
BALA BARIHA – Appellant
Versus
KATHU BARIHA – Respondent


Advocates Appeared:
B.NAIK, P.V.B.RAO

A. MISRA, J.

( 1 ) EACH of the petitioners has been convicted Under Section 447 I. P. C. and sentenced to a fine of Rs. 20/-; in default, to undergo S. I. for one week.

( 2 ) THE complainant's case, in brief, is that as ex-jhankar of village Srigida, he was all along in possession of the jhankar service lands situate in the village. For some time, he engaged petitioner No. 1 to work as gomasta-jhankar under him on payment of five pudugs of paddy per year as his wages. Subsequently, when petitioner No. 1 stopped working as gomasta, he stopped payment of his remuneration. On the date of occurrence, it is alleged that petitioner No. 1 along with his relations the other petitioners, trespassed into the disputed land which is a part of the jhankar lands in possession of the complainant, ploughed it and spread manure. Thereby they committed criminal trespass. The defence is that complainant had given the disputed land to petitioner No. 1, while he was working as gomasta-jhankar and he has been in possession of the same. Being in possession, he ploughed the land and spread manure and has been falsely implicated. The other petitioners are his relations whose assistance he took in perform




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