ALI SHABBER Vs. HAIDER HUSAIN

JUDGEMENT

(1.) On 2nd August 1950, Haider Husain applied under Section 145, Criminal P. C. claiming that plot No. 639 of village Manni Khera was included in a wakf Alalaulad executed by his father Mujtaba Husain, was looking after the wakf properties and that the opposite parties in the case, namely Ali, Nazoo, Bhabhooti and Hoshey had raised a dispute with regard to the possession of the plot by cutting some trees and uprooting the mash crop. He, therefore, prayed for action under Section 145, Criminal P. C. A Police report was called for and in it it is stated that there was dispute with regard to the property in question and some reports have been made with regard to the matter. A breach of the peace might possibly occur and an eye was kept upon the situation. It was prayed that attachment of the property might be ordered. On 7th August 1950, the Magistrate passed a preliminary order under Section 145, Clause (1), Criminal P. C., and directed the property to be attached.

(2.) "Written statements were filed by the parties on 21st and 23rd August 1950. In the written statement filed by Ali Shabbar and others it was alleged that plot No. 639 was the guava grove of Mt. Habibunnissa, mother of Ali Shabbar and Mt. Hakimunnissa, his aunt, who were in possession through Ali Shabbar as their Karpardaz. It was further stated that they had been in possession for a long time peacefully and without any apprehension of a breach of the peace. With regard to the other opposite parties, it was alleged that they had purchased the fruits of the grove or had acted as labourers on behalf of Mt. Habibunnissa and Mt. Hakimunnissa.

(3.) After this the parties produced their evidence and the learned Magistrate Judge on a consideration of all the evidence came to the conclusion that the possession of Haider Husain was established and he directed the opposite parties namely AH Shabbar and others not to interfere with their possession except by due process of law.