(1.) This revision application is directed against a final order passed in a proceeding under Sec. 145 of the Code of Criminal Procedure (hereinafter to be referred to as the Code), by which the members of the first party have been declared to be entitled to possession of the disputed property. The disputed land belonged to one Ram Narain Lal. Ram Narain Lal was uncle of the members of the first party who are opposite party here, by agnatic relationship. Petitioner Mahendra Prasad Sinha, second party, is husband of Kawal Kumari alias Kawali, sister of Bhagirath Lal, opposite party no. 1.
(2.) The case of the first party is that Ram Narain Lal was living joint with them and he died in a state of jointness with them without leaving any issue. Consequently the members of the first party have been coming in possession of the entire disputed land.
(3.) The case of the second party is that Kawal Kumari had lost her parents in her infancy. Ram Narain Lal, who had no issue brought her up as her own daughter and married her with Mahendra Prasad Sinha, second party. Mahendra Prasad Sinha along with his wife used to live with Ram Narain Lal and used to nurse him during his illness at Patna where he had come for proper medical treatment. Ram Narain Lai, thus being pleased, executed a will in favour of Mahendra Prasad Sinha. Mahendra Prasad Sinha used to look after the properties of Ram Narain Lal during his life time and after his death he came in exclusive possession of the disputed land. He applied for probate of the aforesaid will. After hot contest by the first party, the probate with a copy of the will annexed has been granted to Mahendra Prasad Sinha.