MITHILA SARAN SINGH Vs. NIHORA SINGH

JUDGEMENT

(1.) The petitioners were the first party in a proceeding under Section 145 of the Code of Criminal Procedure with respect to several plots of land appertaining to Khata numbers 44, 121 and 137 and situated in village Makhdumpur, Police station Bihta, district Patna. They are aggrieved by the final order passed by the learned Magistrate declaring the second party in possession over the disputed lands.

(2.) It is common ground that there were two brothers Triloki and Sheo Lochan. Triloki had a son, Kuar Singh who died leaving behind his widow Askueri Kuer. Kuar Singh had a son, Sundar Singh who died leaving behind his widow Dularo Kuer, opposite party No. 6. In the other branch, Hathi Ram was son of Sheo Lochan. Mithila Saran Singh, petitioner No. 1, is the son of Hathi Ram and Rajeshwar Singh, petitioner No. 2, is the surviving son of Mithila Saran Singh who had another son, Mahanand Singh who is dead. The parties are at variance with respect to the family of Rainu Singh. According to the first party, Rainu Singh was full brother of Hathi Ram (father of petitioner No. 1). But according to the second party, Rainu Singh was not the second son of Sheo Lochan but the second son of Triloki. Both the parties, however, are agreed that Rainu Singh had a daughter, Piyari Kuer, whose husband Nihora Singh is opposite party No. 1 in this Court. Opposite party No. 5, Sheo Prasad Singh, is son of Nihora Singh, Opposite party No. 1.

(3.) It is also undisputed in this case that Nihora Singh, opposite party No. 1, and Dwarka Singh, opposite party No. 2, are full brothers. The case of the second party is that Kuar Singh had also left behind a daughter, named, Balo Kuer and this Balo Kuer was married to Dwarka Singh, opposite party No. 2. According to the case of the first party, however, Kuar Singh had left behind no such daughter. There is, however, no dispute that Upendra Singh and Bhupendra Singh, opposite party numbers 3 and 4 respectively, are sons of Dwarka Singh, Opposite party No. 2.