Kamalammal vs Meenakshi Ammal

K.N. Mudaliyar, J.—It is seen from the judgment that the complainant is the illegitimate daughter of Dhanabagyam. The accused

Kamalammal and the complainant Meenakshiammal have litigated in Civil Courts for the title to and possession of the disputed property. The

learned Ninth Presidency Magistrate notices in the judgment that P.W. 1 admitted that she had failed in the Civil Court. It is also seen from Ex. D.

1 the suit filed by the accused for the recovery of possession of the property in the occupation of the complainant was decreed in her favour on

28-18-1968. The learned Presidency Magistrate notices that although Civil Courts has given a finding in favour of the accused, it cannot be

straightway held that the accused has come into occupation of the Immovable property unless she could show by evidence that after taking

necessary legal process in execution of the decree following the judgment of the Civil Court, she had been inducted into possession of the

Immovable property covered by the suit. The prayer on the part of the accused in the Civil suit is for possession of the disputed property.

Assuming that the facts are proved against the accused that she broke open the lock and got into the upstairs portion, ''even then the trial

magistrate erred in not finding that the accused entered into or upon property in the possession of the complainant with intent to commit an offence

or to intimidate, insult or annoy any person in possession of such property. Such a finding is totally absent. That apart, the undoubted civil right

vested in the accused would negative the mens rea which is the essential ingredient of the offence u/s 448, IPC The essential ingredient is not

proved by the evidence on record. The accused is acquitted. The fine, if paid by the accused, is directed to be refunded to the petitioner.