N S PARAMESWARA LYER Vs. APPAVU PANICKEL MRITHUNJAYA PANICKER
HIGH COURT OF KERALA
APPAVU PANICKEL MRITHUNJAYA PANICKER
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(1.) This appeal filed by the complainant against the acquittal of the accused in a case charge sheeted by the police was allowed to be treated as a revision on the motion of the complainant.
(2.) The charge against the accused was that they formed themselves into an unlawful assembly with the common object of taking forcible possession of a property in the complainant's possession and put up a shed. Accused 2 and 7 pleaded that they were in possession of the property and had filed a suit for establishing their claims. The other accused are their friends and associates.
(3.) The complainant got delivery of the property through court as early as 1958 in execution of the decree in O. S. 369 of 1952. Subsequent to the delivery the defendants in that case trespassed into the buildings in the property and that necessitated another suit for demolishing the buildings at his cost and for a permanent injunction restraining the defendants from trespassing into the property. Pending suit the property was managed by a receiver appointed by the court. That suit was also decreed and in pursuance of the decree the receiver surrendered possession of the property to the complainant and the buildings were destroyed at the complainant's cost. It was long after that on 6-7-1961 at night that the accused trespassed on the property and constructed the shed. Besides the complainant five witnesses were examined to prove the complainant's possession and the construction of the shed by the accused. The Sub Inspector of Police was also examined to prove the mahazar describing the recent construction of the shed on a basement which appeared to have been demolished about three years back.;
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