KANAI LAL ADHIKARY Vs. JOGENDRA NATH MONDAL
HIGH COURT OF CALCUTTA
Kanai Lal Adhikary
Jogendra Nath Mondal
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(1.) The three accused Petitioners were convicted under Section 448 of the Indian Penal Code and sentenced to pay a fine of Rs. 100 each and in default suffer rigorous imprisonment for four months each. Out of the fine, if realised, Rs. 200 was directed to be paid to the complainant opposite party.
(2.) The case of the complainant opposite party inter alia was that he had purchased on October 10, 1958 the shop-room in question together with the land for a consideration of Rs. 2,100 (Rupees: two thousand and one hundred only) from the accused Petitioners and one Nitai Adhikari and that while he was in exclusive possession of the shop-room, after his tenants finally left on 2nd Baisakh, 1366 B.S., on tie 9th/10th of Baisakh, 1366 B.S., the accused broke open the lock and removed the complainant's articles such as mustard oil and oil cakes which had been kept inside it. The complainant, it was further stated, on being informed came and protested but the accused persons pushed him out of the shop-room.
(3.) The defence, inter alia, was that the complainant had never been in actual possession of the disputed shop-room but that the accused all along possessed it. The further contention, was that the shop-room had not been sold but only mortgaged to the complainant and that an Ekrarnama had been executed on the same date simply to evade the provisions of the Money Lenders Act.;
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