High CourtsDivision Bench(1939) 03 MAD CK 0014

A.M. Balakrishna Reddiar vs Syed Jalaluddin Sahib and Others

Madras High Court · Decided on 7 March 1939 · Citation: AIR 1939 Mad 791 : (1939) 2 MLJ 111

HON’BLE JUDGES
Lakshmana Rao, J

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Judgment

5 paragraphs · 115 words

Lakshmana Rao, J.—There is no ground for dissent from the finding of the Sub-Divisional Magistrate that the land in dispute is in the actual

possession of the petitioner in Criminal Revision Case No. 689 of 1938 and the declaration of his possession u/s 145(6) of the Code of Criminal

Procedure is correct. But the direction requiring him to restore two old cemetries to their old state and allow access to Mussalmans if they should

desire to go near the cemetery to invoke the blessing of God is beyond the powers of the Sub-Divisional Magistrate and it cannot be upheld. The

direction is therefore set aside and otherwise the order of the Sub-Divisional Magistrate is confirmed.