LAWS(P&H)-1955-10-11

EAST PUNJAB PROVINCE Vs. BACHAR SINGH

Decided On October 04, 1955
EAST PUNJAB PROVINCE Appellant
V/S
BACHAR SINGH Respondents

JUDGEMENT

(1.) THIS second appeal has arisen in the somewhat peculiar circumstances. One Mal singh who was to be charged with murder absconded. His property was attached and taken possession of by Government under the pro visions" of Ss. 87 and 88 of the Criminal Procedure Code. This took place several years ago. In 1946 the plaintiffs Bachan Singh and Tara Singh claiming to be the next reversioners of Mal singh brought a suit for the possession of the attached property on the ground that Mal Singh must be presumed to be dead, and they being his next heirs were entitled to succeed to his property. The plaintiffs also impleaded Mst. Santo who was originally married to Mal Singh but has now remarried a second time.

(2.) THE plaintiffs' suit, therefore, was based on the presumption arising under section 108 of the Indian Evidence Act. The most important issue in the case was the first one namely:--Whether Ma] Singh absconder can be presumed to be dead? If so, what is its effect?

(3.) IF Mal Singh cannot be presumed to be dead, the plaintiffs' suit must be dismissed. The Courts below held that since Mal Singh's whereabouts had not been heard of for more than seven years he must be presumed to be dead. The plaintiffs suit was accordingly decreed. The Government appeals.