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Karnataka Court November 1952 Judgments

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Nov 05 1952

Subba Rao Vs. B. Venkata Rao and ors.

Court: Karnataka

Decided on: Nov-05-1952

Reported in: AIR1953Kant27; AIR1953Mys27

ORDER1. These petitions arise cut of an order passed fay 1st class Magistrate, Sagar under Section 145, Cr. P. C., in a dispute between two rival land-lords through a common tenant. Being satisfied that there was likelihood of breach of peace the learned Magistrate passed a preliminary order on 4-10-50 and ultimately found the first member of the first party to be entitled to possession of the properties until evicted in due course of law.2. Cr. R. P. 132/52-53 is filed by the tenant who is impleaded as the first member of the second party and the other members of the second party have filed Cr. R. P. 133/52-53. Both arise out of a common order and are heard together.3. The facts leading to the petitions are briefly these. It is undisputed that the property in dispute belonged to one Lakshmiah and after his death, his widow Appi alias Gowramma was in enjoyment till 1945 when she died leaving no heirs. The 1st member of the II party was admutedly cultivating the lands on behalf of the o...


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