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1959 Supreme(Pat) 38

H.K.CHAUDHURI
Balak Das – Appellant
Versus
Bhagwan Das Alias Bhagwan Bhagat – Respondent


Judgment

H.K.Chaudhuri, J.

1. This application in revision is directed against an order dated 4-6-57 passed by Sri J. P. Gupta, a Magistrate of the first class at Gopalganj by which, in a proceeding under Sec.145 of the C. P. C. he held opposite party Bhagwan Bhagat, who was second party in that proceeding, to be in peaceful possession of the di-sputed land and ordered him to continue in possession until ousted by a competent Court.

2. The dispute relates to three plots, bearing Nos. 594, 595 and 1457 in village Chanawe. At Turki in the district of Muzaffarpur there is an As-thai. Subordinate to this Asthal there are Asthals at different places, viz., Chanawe, Bhujali and Har-bansa. It is undisputed that all these Asthals are subordinate to the principal Asthal at Turki. One Narsingh Das was appointed Mahant of Turki Muth an 1937. It is beyond controversy that he was in possession of all properties attached to the principal as well as the subordinate Asthals. On 17-12-51 Narsingh Das executed a deed of nomination whereby he nominated petitioner Girjanandan Bhagat, one of his disciples, as his successor. This was followed by another document dated 15-9-52, whereby Narsingh Das appoin















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