MALLIK RAFIQ Vs. MALLIK ABDUL HAKIM

JUDGEMENT

(1.) THIS revision petition is by the unsuccessful first party in a proceeding under Section 145, Cr. P. C.

(2.) THE property in dispute originally belonged to one Mallik Makbul who died without any issue. Petitioner 2, Sarifin Bibi, claims to be the widow of Mallik Makbul. But the opposite party alleged that she was the concubine and not the legally wedded wife of Mallik Makbul. Petitioner 1 Mallik Rafiq is a minor aged about ten years. He is the own brother of opposite party Mallik Abdul Hakim and Mallik Khauzar and all the three are the sons of one Mallik Namdar who was a brother of Mallik Makbul. The petitioners' case appeared to be that Mallik Rafiq was brought up by Mallik Makbul as his own son and after Makbul's death his property was possessed by his widow, namely, Sarifin Bibi and Rafiq. The opposite party, however, stated that after Makbul's death they came into possession of his property being his nephews and that they continued in possession till the attachment of the property in the proceeding under Section 145, Cr. P. C.

(3.) BUT its finding that the second party were in possession is based on a failure to carefully study the evidence led by the second party's witnesses themselves and also the statement made by the second party in their show -cause petition. In that petition para 5 is to the following effect.