Chennai Court August 1959 Judgments

Rengammal Vs. Rama Subbarayalu Reddiar

Court: Chennai

Reported in: AIR1960Mad169

ORDER(1) These are two connected revisions preferred against the orders made by the learned Ex-Officio First Class Magistrate, Cheranmahadevi, in M. C. Nos. 36 of 1957 and 2 of 1958 and the opinion of the learned Subordinate Judge of Tirunelveli in C. M. P. 2 of 1958.(2) The facts are short: There has been a land dispute regarding possession between Rengammal and Rama Subbaraya Reddiar. The Ex-officio First Class Magistrate, Cheranmahadevi. on account of the complicated questions of law, which arose, proceeded under S. 146(1) Crl. P. C. This section has been newly introduced and states that if the magistrate is of opinion that none of the parties was them in such possession, or is unable to decide as to which of them was then in such possession, of the subject of dispute, he may attach it and draw up a statement of the facts of the case and forward the record of the proceeding to a civil court of competent jurisdiction to decide the question whether any and which of the parties was in ...