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1963 Supreme(Pat) 34

S.C.MISRA, S.P.SINGH
Mt. Sudamawati Kuer – Appellant
Versus
Ram Chandra Singh – Respondent


Judgment

Misra, J.

1. The petitioner, Sudamawati Kuer, is the widow of one Rambharosa Singh of village More, within police station Mokama, in the district of Patna. Opposite party No. 1, Ramchandra Singh, is a minor son of Rambharosa Singh; Ramlakhan Singh, opposite party No. 2 is the father-in-law or Ramchandra Singh (opposite party No. 1) and Janardgn Singh, opposite party No. 3, is the brother of Ramlakhan Singh. Opposite party Nos. 4 and 5 are not interested. The application arises out of a proceeding under Sec.145 of the Code of Criminal Procedure and relates to the properties left behind by Rambharosa Singh, who died sometime in 1949. On the 23rd of Juns, 1953, the petitioner, Sudama-wati, was appointed guardian of the minor. In 1956, Ramchandra Singh was married to the daughter of Ramlakhan Singh. On account of certain differences which cropped up between the petitioner and Ramlakhan Singh, she applied to the District Judge to be discharged from the guardianship of the minor. The tension between the parties gave rise to a dispute causing an apprehension of the breach ot peace.

Accordingly, on the 21st February, 1958, a proceea-ing was started between them under Sec.144 of the















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