High CourtsSingle Bench(1916) 04 MAD CK 0002

Bhaganathi Servai and Another vs Valayee

Madras High Court · Decided on 7 April 1916 · Citation: 33 Ind. Cas. 830 : (1916) 3 LW 498

HON’BLE JUDGES
Seshagiri Aiyar, J

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Judgment

5 paragraphs · 113 words

Seshagiri Aiyar, J.—The order of the Magistrate was passed without jurisdiction. He had no power u/s 144 of the Code of Criminal

Procedure to direct the village Munsif to be in possession of the property. The section only enables the Magistrate to direct a party to the

proceeding to do or abstain from doing certain acts regarding the subject-matter of the dispute. My view of the section is supported by Leong

Mow v. Tchun Chun 12 C.W.N. 1044 The order contained in the last clause of the, proceedings is set aside. The Magistrate will direct the village

Munsif to restore the properties to the parties from whom he or the Police took possession.