BINDHYACHAL PRASAD VARMA Vs. MADHO SINGH

JUDGEMENT

(1.) These two cases arise out of a proceeding under Section 145, Criminal P.C. The dispute relates to about 230 bighas of land in village Bharsara, Mangit within police station Shahpur of the district of Shahabad. The dispute appears to have arisen soon after the death of Lady Jwala Prasad, which event took place on 8th June 1941. The property in dispute belonged to the late Sir Jwala Prasad, a Judge of this Court. After his death on 25 March 1983, there was a dispute between his widow (Lady Jwala Prasad) and his brother Bindhyachal Prasad Varma, the petitioner in Cri. Revn. No. 290 of 1945, and first party in the proceeding before the learned Magistrate. Sir Jwala Prasad left two nephews also, Ramchandra Prasad Varma and Parsuram Prasad Varma, and a grand nephew, Bijoy Pratap Varma. Ramchandra Prasad Varma is concerned in Cri. Ref. No. 8 of 1945. The dispute between Lady Jwala Prasad and the aforesaid members of the family was ultimately referred to the arbitration of two Judges of this Court. The said arbitrators decided the dispute by an award. It is sufficient to state that under the award, the property was given in equal shares to Bindhyachal Prasad Varma and the nephews, with the proviso that during her lifetime, Lady Jwala Prasad would be in possession of, and entitled to, exclusive possession of the immovable property and to be entered in the land registration in respect thereof and receive and appropriate all profits therefrom and otherwise to deal with the said property as proprietor having a life- interest only therein, subject nevertheless to personal liability in respect of all the ordinary expenditure of such a proprietor in respect of public demands and other burdens on the property not hereinafter excepted and in respect of the ordinary upkeep of the property and subject to such other conditions and reservations as are hereinafter set out.

(2.) Under Clause 6 of the award it was provided that if a certificate is issued by the Collector in respect of any arrear of cess or other public demand payable upon any item of immovable property aforesaid by the first party (Lady Jwala Prasad), it is open to either the second or the third party (Bindhyachal Prasad Verma or the nephews) to pay to the Collector the amount due and such party is thereupon entitled to take possession of the said item of property until the first party has repaid to such other party the amount so paid to the Collector with interest at twelve and a half per cent, per annum etc.

(3.) The property in dispute in the present case has been described in three schedules. Schedule A consists of about 160 bighas of canal irrigated land said by the first party to be the bakasht of the proprietors. According to the first party, this land came into the possession of the first party on 27 September 1939, on payment by him of canal dues which had been allowed to fall in arrears by Lady Jwala Prasad and in respect of which a certificate had been issued by the Collector. This possession is claimed to have been taken in accordance with para. 6 of the award. Schedule B consists of about 12 bighas of land of which the first party claims to be in possession under a deed of trust executed by Lady Jwala Prasad on 30 September 1936, appointing the first party as trustee. Schedule C consists of about 57 bighas of land which has been referred to in the proceeding as inheritance land. It is said that the first party, Bindhyachal Prasad Varma, and the nephews came into possession of this land on the death of Lady Jwala Prasad on 8 June 1941.