BIBI HUSNA ARA BEGUM Vs. ADBUL RASHID

JUDGEMENT

(1.) THIS application in revision is directed against the final order in a proceeding under Section 145 of the Criminal Procedure Code recorded by a First Class Magistrate of Barh. The proceeding related to 23 plots of lands situated in villages Bazidpur Chondi, Daulatpur Chondi and Parandarpur Chondi, all within Barh police station, in the district of Patna. The petitioners, who were the second party to the proceeding, claimed to be in possession over all the plots in dispute, except plot No. 709 in village Daulatpur Chondi, but their possession has been declared with respect to only two of the plots, namely, plot Nos. 441 and 442 over which there is a pucca building.

(2.) IT is undisputed that Mt. Bibi Husna Ara Begum (petitioner No. 1) is the daughter of Abdul Rashid (opposite party No. 1) and the grand -daughter of Habib Hussain (opposite party No. 8). Bibi Kolsum (opposite party No. 4) is the Nani (mother's mother) and Mohammad Shahabuddin (opposite party No. 2) is the brother of petitioner No. 1, who was married to Mohammad Shoib (petitioner No. 2) son of Mohammad Yasin (petitioner No. 3) in November i960, and in May 1961, she left her father's home and came to her husband's home in village Rasulpur, Police Station, Fatwah, situated at a distance of about 25 miles from the villages where the disputed lands lie.

(3.) ACCORDING to the case set up by the petitioners, petitioner No. 1 attained majority in 1958. After that her father ceased to be her guardian, He continued to manage the gifted properties on her behalf until her marriage and Roksadi which were performed in November 1960, and May 1961, respectively. Thereafter the opposite party No. 1 discontinued to look after her properties and handed over the title deeds to her. On 25.7.1961, she executed a Mokhtamama in favour of her husband (petitioner No. 2) who began to manage the properties on her behalf.