ORDER

This application in revision is directed against an order of Shri G. C. Ray, Magistrate, 1st Class, Berhampur convicting the petitioner under Section 448, I.P.C. and sentencing him to pay a fine of Rs. 50/- and in default to suffer simple imprisonment for ten days and further directing under Section 522, Criminal P.C. that possession of the disputed house be delivered to the complainant. The disputed house admittedly belongs to one Api Gouduni (P.W. 1). The petitioner was a tenant in that house for about 14 years and according to the prosecution case he had vacated it about four months before the occurrence as the house required extensive repairs. The prosecution case is that after the petitioner vacated the house, the complainant almost reconstructed it and had kept certain articles belonging to her therein under lock and key. On the night of 31-7-1966 at about 2 a.m., the petitioner is alleged to have broken open the lock of the house and forcibly entered therein and to have kept his grocery articles there. The occurrence was seen by Kundana Gouduni (P.W. 2), the mother of the complainant who protested against the high-handed action of the petitioner, but as she was threate