1. The facts, Riving rise to this reference, made by the learned Sessions Judge Mandi and Chamba Sessions Division, are as follows :- Chandi Dass, Narsingh Dass and Mahesh Dass were three brothers. Chandi Dass and Mahesh Dass have died. Shrimati Dawarku P.W. 1 is the widow of Chandi Dass. The petitioners are the sons of Mahesh Dass. Narsingh Dass had no issue. He was living with Chandi Dass.

2. Shrimati Dawarku P.W. 1 had sub milted an application to the District Magistrate, Chamha, alleging that a shop, situated in Muhal Sarol, belonging to Chandi Dass and was in his possession and that after his death, Narsingh Dass was in possession of the shop on her behalf. It was, further, alleged that the petitioners had taken forcible possession of the shop on the 9th September, 1962.

3. The above application and another application submitted by Shrimati Dawarku were forwarded to the police. After investigation, the police put up a challan, under S. 448 I.P.C., against the petitioners.

4. The petitioners denied the charge, levelled against them. They pleaded that the shop, in dispute, was jointly owned and possessed by the three brothers - Chandi Dass, Narsingh Dass and Mahesh Dass - and