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Petition for Special Leave to Appeal No. 108‑D of 1969, decided on 30th May 1970.
(On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 23rd October 1969, in Revision No. 666 of 1968).
, S. 379‑,accused taking settlement of land after crop grown thereon by complainant party‑Could not assert any bona fide claim of right in respect of crop‑‑Conviction of accused for forcibly reaping and taking away such crop, not interfered with and petition for special leave to appeal dismissed.
A. B. M. Nurul Islam, Advocate Supreme Court instructed by S. S. Hoda, Advocate‑on‑Record for Petitioners.
Nemo for the State.
Date of hearing : 30th May 1970.
.‑The petitioners have been convicted under section 379 of the Pakistan Penal Code for having forcibly reaped and taken away on the 19th March 1967 wheat and gram worth about Rs. 400 grown by P. W. 1 Bhabani Prosed through his bargaders in the disputed land.
The defence was that tile lands had been settled with peti tioner No. 1 Deldar Ali Khan and another by the Government long before the date of occurrence and they got possession of the land in December 1966. Both the trying Magistrate and in appeal the Sessions Judge found that P. W. 1 had grown the crops in question. The High Court dismissed the petitioner's revisional application and the petitioners, lave, therefore, approached this Court for leave to appeal on the ground that the High Court failed to consider the question of bona fide claim of right on the part of the petitioners.
On reference to the High Court judgment we find that this is not true. The High Court has observed that even if the petitioners had taken settlement of the disputed lands towards the end of December 1966 they could not assert any bona fide claim of right in respect of the wheat and gram grown earlier in the lands by the complainant party.
The application is accordingly dismissed.
Petition dismissed.
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