GAJRAJ SINGH Vs. EMPEROR

JUDGEMENT

(1.) This application must succeed.

(2.) The facts are, shortly, that two parties are claiming succession to the property of Musammat Bishan Devi deceased: (1) Persons who allege that they are trustees under a deed executed by the deceased which entitles them to succeed as trustees; (2) Har Charan, who claims as a collateral of her deceased husband and contests her authority to execute the deed of trust.

(3.) The Magistrate being moved in the matter under Section 145 of the Criminal Procedure Code has found that a dispute likely to cause a breach of the peace exists, and being unable to decide on the question of possession, had attached the property and appointed a Receiver thereof under Section 146.