JUDGMENT

Mears, C.J. - One Moti Lal has applied in revision to this Court against his conviction and sentence by a first; class Magistrate the conviction and sentence were upheld by the learned Sessions Judge of Cawnpore on appeal. Moti Lal was convicted of the offence u/s 448 of the Indian Penal Code, and the contention of his learned Counsel is that on the facts found by the Courts below, the conviction cannot be supported. The facts are briefly these : One Mt. Basanti was in possession of her husband's property which consisted inter alia, of some shops. On the death of the lady, there were two claimants to the property-one Kanhaiya Lal, a cousin of her late husband, and the other the applicant before this Court. He claimed to be an adopted son. The property immediately in question was a shop which was in the occupancy of a tenant, Yusuf. Both Kanhaiya Lal and Moti Lal appeared as witnesses in support of Yusuf's defence. The defence failed and Kanhaiya Lal got a decree. Subsequently there was another suit for rent by Kanhaiya Lal which was again successful. Yusuf, thereafter gave a notice to Kanhaiya Lal of his intention to vacate the premises and eventually left them on the 2nd o