Decided on July 03,1958

Bindhu Madhav Chatterjee Appellant
Babu Sou Singh And Ors. Respondents


J.N. Datta, J.C. - (1.)THIS is a reference made by the learned Sessions Judge, under Section 438, Criminal P. Code, and arises out of a proceeding under Section 145 of the same Code, which in my opinion must be accepted.
(2.)THE dispute is as regards some land with houses, which according to the Petitioner belonged to Guna Singh husband of Sm. Kali Kshatrani. Guna Singh left for Brindaban on a pilgrimage in Ashar 1360 B. S. (corresponding to June, 1953 A. D.) leaving the property in charge of Bindhu Madhav, the Petitioner. Guna Singh died at Brindaban in Magh 1360 B. S., issueless, leaving behind his widow as his heir.
Thereafter a dispute arose over the property between Bindhu Madhav on one hand and Kamal Singh brother of Guna Singh, Babu Sou Singh son of Kamal Singh and two others on the other hand.

Bindhu Madhav applied for action under Section 144, but the Magistrate took action under Section 145. The proceedings and enquiry went on for more than two years, and ultimately on 31 -5 -1954, the learned Magistrate passed an order declaring Sm. Kali Kshatrani, who was joined as the 3rd party on the death of Guna Singh, to be in possession and vacating the order of attachment directed that possession be delivered to her, and the amount in deposit (price of crop) be paid to her. Sm. Kali Kshatrani also died during the tendency of the revision petition, in the Sessions Court.

(3.)PETITIONER Guna Singh, who claimed to have been let into possession by the owner, claimed the land also in his own right, on the ground that Guna Singh was a disciple of his father, and when leaving on pilgrimage, he made an oral gift of it in his favour assuring that a formal deed of gift would be executed on his return from Brindaban. In this connection, it is significant to note that Guna Singh did not leave the property in question in charge of his wife or brother, when going on pilgrimage.

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