( 1 ) THIS appeal is directed against the verdict of acquittal dated 9-3-1981, passed by the then Vth Addl. Sessions Judge, Jhansi whereby the accused respondent Ram Chandra Singhs Criminal Appeal No. 112/79 was allowed after setting aside the judgment of conviction dated 30-6-1979, passed by Shri R. S. Maurya, Munsif Magistrate, Jhansi and thereby he was acquitted.

( 2 ) PERMISSION to prefer the appeal was allowed by this Court vide its order of 18/05/1980.

( 3 ) IN brief, the facts giving rise to this appeal may be recapitulated as below :-

( 4 ) THE appellant/complainant Kishori Lal Agarwal filed a complaint in the Court of the then Munsif Magistrate 1st Class (Court No. 4), Jhansi in the year 1979 with the allegations that he was the owner of house No. 217 situated in Mohalla Gardhuria Ganj in the town of Mauranipur. The respondent No. 1/accused Shri Ram Chandra Sindhi was the tenant of the first floor of the two rooms apartment of the said house. On 14-12-1978, he had illegally occupied one room of the said house at the same floor located towards south of the staircase and in spite of the complainants request to vacate the said room, he continued to be in unau