BINDHU MADHAV CHATTERJEE Vs. BABU SOU SINGH AND ORS.

JUDGEMENT

(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.

(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.