Law: Pakistan Penal Code, 1860

Section: 378A,378

Law: Punjab Tenancy Act, (XVI of 1887)

Section: 17,12(4)

(a) Penal Code (XLV of 1860), S. 378-A tenant removing part of produce before its division between him and landlord-No offence. Under section 378, Indian Penal Code, theft is committed if mov­able property is taken dishonestly out of the possession of any person without that person's consent. The possession being that of the tenants themselves, one important ingredient of the offence that the property stolen should be removed from the possession of another person, is wanting here. There is consequently no offence of theft. ORDER KAYANI, J.-This is a petition in revision' where the question involved is whether a tenant can commit the theft of produce before it has been divided between him and the landlord. The petitioners are tenants of Ata Muhammad Shah in the village Dher Umaid Ali Shah, in Mianwah District. The landlord, who is the sole proprietor in the village, had some dispute with his collateral Ghulam Shabir Shah who incited the tenants to withhold produce from the landlord. The latter consequently made an application to the Tehsildar under section 17 of the Tenancy Act for division of the produce, and the Tehsildar appointed one Muhammad Khan as referee. Before, however, there had been any division, four of the petitioners were found removing two bags of unthrashed wheat from the thrashing floor. Upon having been discovered, they left the bags and ran away, but within half an hour, they returned accompanied by eight other persons and armed with various weapons, and removed the two bags on a camel. Under section 12, subsection (4) of the Punjab Tenancy Act, the tenant is entitled to the exclusive possession of the whole produce until it is…

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