KAPILDEO NARAIN SINGH Vs. RAMDAHIN SINGH

JUDGEMENT

(1.) This reference is by the District Magistrate of Gaya recommending the reversal of an order under Section 145, Criminal P. C., passed on 21-8-1952, by Mr. G. K. Prasad, Magistrate 1st Class, Gaya, declaring possession of the second party.

(2.) One Ramnath Singh had four sons, Ugra Narayan, Muneshwar, Kapildeo and Baijnath. Ugra Narayan was living in village Majhaulia, Police Station Sherghatty, and died there. After his death, dispute sprang up between the four sons of Ugra Narayan, who are the second party, and the group representing the 12 annas share of the three brothers of Ugra Narayan. This group (the first party in the proceeding) alleged that the second party were the sons of Ugra Narayan by a kept woman and they were never in possession ol the lands in village Majhaulia under khatas Nos. 8, 10, 13, 15, 16, 17, 18 and 20. They claimed their exclusive possession over these lands. On the other hand, the case of the second party was that they were the legitimate sons of Ugra Narayan through his second wife. They claimed that their father had been in exclusive possession of all the disputed lands in village Majhaulia, and, after his death, they came into possession of the same and the first party's claim was a mere pretence.

(3.) The learned Deputy Magistrate disposed of the proceeding under Section 145, Criminal P. C., in favour of the second party, holding that they were in exclusive possession of these lands.