M. Wahajuddin, J.

1. I have heard the Counsel at length. The undisputed facts are that a partiton suit was filed interne between the landlord and his brothers. The complainant, who lodged the report and claims to be the tenant, was not a party to that suit. The suit for separating the petitioner's share from other co-owners and for delivery of possession was decreed and the execution Parwana was issued.

2. Under the relevant provisions of CPC if any other person is in possession as tenant, only symbolical possession is permissible and not the actual physical possession. The landlord concerned through the Commissioner, who proceeded to execute the decree, secured actual physical possession of the premises after removing the belongings of the complainant opposite-party, who was in occupation as tenant. A first information report was lodged by the tenant concerned alleging that the commissioner and the landlord acted hands in gloves and colluded and committed trespass over the premises in occupation of the tenant and also committed mischief by removing the properties and belongings of the tenant and causing damage to it. The investigation followed. Chargesheet was submitted by