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Gajraj Singh and ors. Vs. Emperor - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported inAIR1922All528; 71Ind.Cas.213
AppellantGajraj Singh and ors.
RespondentEmperor
Excerpt:
criminal procedure code (act v of 1898), sections 145, 146 - 'land,' meaning of--house, furnished, dispute concerning--furniture, attachment of. - .....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 146.4. this order cannot be questioned in so far as the 'land' in dispute is concerned. the 'land' in dispute consists of one house. but the order goes further and covers all the moveable property left by the lady. this application asks that the order, in so far as it affects property other than the 'land' and the rents and profits of such land, should be set aside. under the law the magistrate had no jurisdiction except as to the land.5. the application is allowed.
Judgment:

Stuart, J.

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.

4. This order cannot be questioned in so far as the 'land' in dispute is concerned. The 'land' in dispute consists of one house. But the order goes further and covers all the moveable property left by the lady. This application asks that the order, in so far as it affects property other than the 'land' and the rents and profits of such land, should be set aside. Under the law the Magistrate had no jurisdiction except as to the land.

5. The application is allowed.


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