CHAMINANATTIL BALAKRISHNAN Vs. O P MUHAMMED
HIGH COURT OF KERALA
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(1.) This criminal revision petition arises out of an order passed in a proceeding under S.145 of the Code of Criminal Procedure, 1898, in M.C. No. 3 of 1974 on the file of the Executive First Class Magistrate, Perintalmanna, and is filed by the B party in the proceeding. The subject matter of this proceeding is a land used for raising seedlings known as "Mele Nadukkandam enna Nhattukandam " comprising in R. S. No. 307/4 of Mooniyur Village.
(2.) The case of the A party is that this property was taken on an oral lease by him from his father Alavikutty Haji in the year 1960 fixing an annual rent of 7 paras of paddy and thereafter he has been in actual possession and enjoyment of the same. This land is used by him for raising seedlings for the purpose of cultivation in his other paddy lands having an extent of about 5 acres. He has been paying rent and obtaining receipts for the same from the lessor. Similarly, he has been paying land revenue for this land which is included in Patta No. 291. The assignment deed relied on by the B party is a sham document not supported by consideration and no possession passed under the said document to the B party. This document was got executed to, defeat his tenancy right, at a time when his father was very old and sickly, in collusion with his younger brother who is a shareholder in the tile factory run by the B party.
(3.) The B party contended that this property was purchased by them under Ext. B1 assignment deed dated 23-7-1973 from the father of A party for the purpose of removing clay requited for the production of tiles in Janatha Tile Factory owned by them and that in pursuance of this they are in possession of this property. The sons of Alavikutty Haji were aware of this assignment. On 24-11-1973 some persons at the instance of Moideen, son of the assignor under Ext. B1, trespassed upon this property. Another attempt was also made to trespass upon this land on 15-12-1973. Though the matter was reported to the police, no action was taken by them. The A party filed a petition claiming himself to be a tenant before the Land Tribunal, Tirurangady, for purchasing the jenm right in this land and this petition was rejected on 19-1-1974 and after the dismissal of this petition the police proposed proceedings under S.145 of the Code of Criminal Procedure in respect of this property.;
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