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Showing contexts for: ejectment execution in T. H. Bird And Ors. vs Emperor on 12 December, 1933Matching Fragments
11. The next case in point of time cited by Mr. Das is that of Bhagwan Din v. Emperor 46 Ind. Cas. 160 : 16 A L J 501 : A I E 1918 All 365 : 19 Cr L J 704, A zamindar obtained formal delivery of possession from the Revenue Court in execution of a decree for the ejectment of certain tenants. The tenants appealed from the decree; and while the appeal was pending, they entered on the land and tried to plough it. They were prosecuted and convicted under Section 447 of the Indian Penal Code. Before the criminal case was finally decided, the decree in favour of the zamindar had been set aside by the Appellate Court on the ground that one of the accused was an occupancy tenant. Banarjee, J. held that the conviction must be set aside because it could not be said that the persons who were the tenants of the land and who, as the event proved, were not liable to ejectment intended to commit an offence, or to intimidate, insult or annoy the zamindar when they entered on the land which formed their occupancy holding for the purpose of ploughing and cultivating it. It is not clear whether any such specific intent was found by the trial Court, and there is nothing in the judgment to indicate that the tenants actually did intimidate or insult the zamindar or that they committed any criminal offence when they were on the land.