JADU LAL SAHU Vs. LOWIS

JUDGEMENT

(1.) This is a Rule calling on the respondent, Maharani of Bettiah, through the manager under the Court of Wards, to show cause why the order of the District Judge of Tirhut, dated the 6th February 1907, refusing to revoke the sanctions granted by the Subordinate Judge of Mozufferpore by his orders, dated the 29 November and the 4 December 1906, should not be set aside in respect of the prosecution of the petitioners, who are eleven in number, under Secs.193, 465, 467, 471 and 109 of the Indian Penal Code.

(2.) It appears that the petitioners 1 to 3 purchased, together with the other members of the family, certain shares in Mehal Motihari, town No. 644, from Musammat Barkatunnessa of Gaya on the 25 July 1904. The consideration of the said deed of sale was stated to be Rs. 19,214 in cash and currency notes, Rs. 6,286 by way of paying off old bond debts, and Rs. 13,967 on account of four promissory notes executed by the said Musammat Barkatunnessa; total Rs. 39,467.

(3.) In a suit brought by the,Maharani of Bettiah for pre-emption of the said shares filed on the 7 of March 1905, the Subordinate Judge, who tried the case, held that the four promissory notes for Rs. 13,987 were forgeries put forward for the sole purpose of increasing the amount the Maharani would have to pay in the exercise of her right of pre-emption.