February 13, 2019:
On Tuesday, the Bench of Justices Sanjay Kishan Kaul and Deepak Gupta of Hon'ble Supreme Court observes that the limitation of 30 days would not apply in preferring an application under Section 456 of the Criminal Procedure Code seeking restoration of immovable property.
Initially, a suit for eviction on account of non-payment of rent was filed by the Landlord against tenants. It was decreed that the possession is delivered to landlord.
On the same day, the tenants trespassed into the suit property and forcibly took possession. The complaint filed by the landlord culminated in conviction of the tenants under Section 448 of I.P.C. The Trial Court also directed to hand over the suit property to the complainant/ landlord.
SC while allowing the appeal holds, respondent/tenants are directed to handover the possession of the property, which is the subject matter of the case and from which the appellant and his father were forcibly dispossessed, to the appellant within one month of the service by a certified copy of this order upon the respondents.
A bare reading of the Sub Section 1 of Section 456 clearly indicates that the Trial Court can pass an order for restoration of the possession of the property to the person who was forcibly dispossessed. The proviso no doubt lays down that no such order shall be passed after one month of the date of conviction.
The Trial Court, in this case while convicting the accused had passed an order directing restoration of the property to the complainant.
SC observes, "In the present case, after the appeal filed by the respondents and their father was dismissed, the father of the present appellant applied for handing over possession to him in terms of the order already passed by the Trial Court while convicting the respondents and their father, in which eventually, the limitation of 30 days would not apply. It would apply only if the Trial Court had not passed any order in respect of the case property while convicting the accused."
Read Judgment @ LatestLaws.com
MAHESH DUBE Vs SHIVBODH AND ORS. 12-Feb-2019(Downloadable PDF)
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