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Krishnappa Naidu And Anr. vs Alamelu Ammal on 20 October, 1916

3. With reference to the 2nd objection, assuming such an objection is one affecting the Magistrate's jurisdiction to pass the order, as held by my learned brother Seshagiri Aiyar, J., in Marudanayakam Pillai v. Syed Mohammad Rowthen 34 Ind. Csa. 329 : 17 Cr. L.J. 217 I am of opinion that there is a finding in respondent's favour, though it is perhaps not as definite and clear as it should be. The Magistrate, after discussing the evidence as to possession adduced on either side, says that the evidence is weak on both sides but that the "probability seems to be that the petitioner (i.e., the respondent) has been in possession." He follows this up by declaring the petitioner to be in possession under Section 145 of the Code of Criminal' Procedure.
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