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Baijnath Marwari and anr. Vs. W.S. Street and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in34Ind.Cas.971
AppellantBaijnath Marwari and anr.
RespondentW.S. Street and ors.
Cases ReferredBasanta Kumari Dasi v. Mohesh Chandra Laha
Excerpt:
criminal procedure code (act v of 1898), section 145, applicability of - joint property. - .....any specific finding that that partition did in fact take place or that there was any division of the property by metes and bounds between the predecessors of the two parties now before us. he has, however, found in unmistakable terms that the first party were in possession and that the fact of their possession was not seriously disputed. he calls it throughout actual possession; and his judgment can only be read in the sense that he means it was both actual and exclusive of the other side. the mere fact that there may be a joint title to the land would not prevent the application of section 145, criminal procedure code, as is shewn by the case of basanta kumari dasi v. mohesh chandra laha 19 ind. cas. 541 : 17 c.w.n. 944 : 14 cr.l.j. 269 : 40 c. 982. the rule is accordingly discharged.
Judgment:

1. In this case, after perusing the record and hearing the parties on either side, we think that the Rule should be discharged. It is true with reference to the partition at the close of 1905, which was alleged by the first party and denied by the second, the Magistrate has not recorded any specific finding that that partition did in fact take place or that there was any division of the property by metes and bounds between the predecessors of the two parties now before us. He has, however, found in unmistakable terms that the first party were in possession and that the fact of their possession was not seriously disputed. He calls it throughout actual possession; and his judgment can only be read in the sense that he means it was both actual and exclusive of the other side. The mere fact that there may be a joint title to the land would not prevent the application of Section 145, Criminal Procedure Code, as is shewn by the case of Basanta Kumari Dasi v. Mohesh Chandra Laha 19 Ind. Cas. 541 : 17 C.W.N. 944 : 14 Cr.L.J. 269 : 40 C. 982. The Rule is accordingly discharged.


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