P. KONDIAH CHETTI AND ANOTHER Vs. THE COMMISSIONER OF POLICE, EGMORE, MADRAS AND ANOTHER
LAWS(MAD)-1970-6-8
HIGH COURT OF MADRAS
Decided on June 26,1970

P. Kondiah Chetti And Another Appellant
VERSUS
The Commissioner Of Police, Egmore, Madras And Another Respondents

JUDGEMENT

Somasundaram, J. - (1.) THE admitted case of the Petitioners is that there are as many as 200 huts in Section Nos. 41, 42, 46 and 47. Some huts are there from December 1969. No one including the true owner has a right to dispossess the trespasser by force if the trespasser is in "settled possession" of the Sand and in such a case unless he is evicted in due course of law, he is entitled to defend his possession even against the rightful owner - Vide Mushiram v. Delhi Administration, 1968 M.L.J. Cri. 3 S.C. The facts in this case do not come within the purview of Section 561A of the Code of Criminal Procedure. The petition is dismissed.;


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