Sheriff V. Pitche Umma Et Al.,

Present; Jayewardene A.J.

SHERIFF v. PITCHE UMMA et al.

722,722 A-C.-P. C. Colombo, 9,453.

Criminal trespass-Sale under Partition Ordinance-Dispossession of purchaser-Intent to annoy-Order for restoration-Criminal force-Civil procedure Code, ss. 287, 325, et seq.-Criminal Procedure Code, s. 418.

A purchaser of property sold under a decree for sale in a partition action is not entitled to invoke the provisions of section 287 of the Civil Procedure Code in order to obtain delivery of the possession, of such property, or to the benefit of section 325, et seq., of the Civil Procedure Code, in the event of resistance to an order directing delivery of possession.

Re-entry upon land from which a person has been ejected by civil process is not criminal trespass, unless the intent to commit an offence or intimidate, insult, or annoy some person is conclusively proved.

An order under section 418 of the Criminal Procedure Code can only be justified when the Court finds that some person has been dispossessed of immovable property by the commission of 3n offence attended by criminal force as defined by the Penal Code.

THE accused were co

Click Here to Read the rest of this document