LAWS(PVC)-1906-1-14

BADIAD DIN AHMED Vs. NIZAMUDDIN HAIDER

Decided On January 23, 1906
BADIAD DIN AHMED Appellant
V/S
NIZAMUDDIN HAIDER Respondents

JUDGEMENT

(1.) This appeal is preferred on behalf of the plaintiffs in-a suit for possession of land on declaration of title and for the value of the crops thereon.

(2.) The point of law on which the appellant relies arises on an oath, which was taken by one Syed Nizanruddin Haider in a proceeding relating to this property under Section 144 of the Criminal Procedure Code, the question being whether that oath is conclusive in the present proceedings.

(3.) The earlier proceedings, which related to this property were taken under Section 144 of the Criminal Procedure Code; and in these proceedings the present respondent, Syed Nizamuddin Haider, filed a petition, saying: If Syed Mahommed Kasim, Mukhtear, swears on the Koran that the disputed property, namely, the heap of straw with paddy, belongs to Badlu Mia, then your petitioner will withdraw his claim and seek his relief in the Civil Court, or if the first party consents, your petitioner by swearing on the Koran will say that the disputed property, namely, the heap of straw with paddy now stacked in the farm, belongs to him.