Decided on July 09,1958

Banchamani Saha Appellant
Kshir Babu Sinha Respondents


J.N. Datta, J.C. - (1.)THIS is a revision petition under Section 439 of the Cr. P. Code, filed by Smt. Banchamani Saha, an illiterate widow, aged 50 or more of village Routkhola, within the jurisdiction of Bishalgarh Police station, who was convicted under Section 420, I. P. C., and sentenced to undergo R. I. tor a term of two months, and to pay a fine of Rs. 100/ - or in default to suffer further R. I. for one month. Her appeal to the Sessions Court also failed.
(2.)THE case was started on a complaint filed by Kshir Babu Sinha of village Kalkalai which is about 3 miles away from the village of the Petitioner. In 1954, the complainant sold to the Petitioner 2 kanis out of his four kanis of land in a jote, for Rs. 500/ -, by a sale deed and there was an agreement, which was also reduced to writing, on the same day, that if within 5 years, the complainant repaid the amount of price, then the Petitioner would reconvey the land to the complainant.
Possession was given to the Petitioner, and it appears, that during the first year, she got the land cultivated through others. Thereafter in the subsequent two years, the complainant cultivated the land on Borga from the Petitioner, and as the prosecution evidence itself goes to show, there was some dispute between the parties over the payment of the share of crops for the Borga, to the Petitioner. Her contention has been that the complainant did not pay her on that account, as alleged by him.

It further appears that, the complainant agreed to sell this very land to Rajeshwar Ghosh (P. W. 4) for Rs. 500/ -. before the expiry of the five years, and Order 9 -4 -56, the parties, Rajeshwar Ghosh and Rajani Kanta Saha, the son -in -law of the Petitioner, came to Agartala, for the purpose, and a Sale -deed (Ext. P -1) was got scribed, but the Petitioner refused to execute it, until the Borga shars of crop due to her from the complainant was also paid.

(3.)THE prosecution case was that the Petitioner had agreed to execute the Sale deed on payment of Rs. 500/ - the price of the land, and after the Sale -deed was scribed, she was paid Section 500/ -for the consideration, but after receiving that sum, she refused to execute the Sale -deed, and did not also return the amount paid to her, & as already stated as having come out in the prosecution evidence itself, this refusal was because she demanded payment on account of the Borga due to her also. The complainant who had taken the amount from Rajeshwar Ghosh (P. W. 4) had then to execute a Sale -deed in his favour, in respect of his other 2 kanis of land out of this jote, the same day, and it was also got registered.

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