High CourtsSingle Bench(1922) 02 MAD CK 0028

Rajathammal vs Rajamanikkam Pillay

Madras High Court · Decided on 16 February 1922 · Citation: AIR 1922 Mad 188(1) : 68 Ind. Cas. 38 : (1922) 15 LW 533

HON’BLE JUDGES
Kumaraswami Sastri, J

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Judgment

2 paragraphs · 112 words

Kumaraswami Sastri, J.—The Appellate Court reverted the conviction and has found that no criminal forte was used, It ought to have reversed the order directing possession to be given, as the essential ingredient, namely, the use of criminal force, is wanting to give Criminal Courts jurisdiction to act u/s 524. I need only refer to Bat(sic)kala Pottiavadu, In re 12 M. L. J. 447. If possession has been given, it is the duty of the Court to restore the parties to the position in which they were before possession was wrongly given. Vile Bisweswar Singh v. Bhola Nath Pathak 18 C. W. N. 1147.,

2.

The petitioner will be restored to possession.