MT GYAN DEVI Vs. REX

JUDGEMENT

(1.) This is a reference arising out of proceedings under Section 145, Criminal P. 0., initiated by Mt. Gian Devi against Atma Singh who claimed himself to be the chela of Chetan Deva.

(2.) The property in dispute is a house situated in Risikesh. It consists of eleven kothris, five of which are in the possession of tenants. It appears that this house was owned by one Sant Chetan Deva. Chetan Deva died on 23rd December 1945. It is admitted that Mt. Gian Devi used to live in this house with Chetan Deva. Atma Singh alleges that Chetan Deva executed a will .in his favour. This will, dated I6th December 1945, has been produced and is on the record. According to Atma Singh the house was bequeathed to him by Chetan Deva under this will and on the litter's death he was installed as a Mahant by the other Mahants of his brotherhood.

(3.) According to Mt. Gian Devi, she has been in possession throughout after the death of Chetan Deva. On her behalf, three unregistered rent, notes have been produced to show that she has let out three kothris to tenants. She has also produced five witnesses: Alia Rakha and Puran Chand are the tenants of the kothris and they swear that they pay rent to Mt. Gian Devi. Sheo Parshad, Arjun Giri and Swami Sachchida Nand swear to her possession over the house in dispute.