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1951 Supreme(All) 123

MISRA
NARSINGH PADAM SARAN SHAH – Appellant
Versus
MT. SURAJ KISHORE DEVI – Respondent


Advocates Appeared:
BALDEO SAHAI, HYDER HUSSAIN, S.L.Suri

MISRA, J.

( 1 ) THIS is a criminal reference by the learned Civil and Sessions Judge, Partabgarh, in a revision filed before him by Raja Narsing Padam Saran Shah of Bijaigarh estate against an order of the sub-Divisional Magistrate, Patti, District Partabgarh passed under Section 145, Cr. P. C. The learned Judge recommends that the order attaching the moveable properties in dispute be reversed.

( 2 ) THE properties in dispute in the proceedings under Section 145, Cr P. C. include moveable properties in the shape of cash, jewellery and other articles and live stock and immoveable properties such as a house in Amargarh and villages in the districts of Partabgarh and Panaras. They belonged to Rani Indarpal Kunwar who died on 11-2-1950, at Amargarh. Whether or not the properties constitute the Ranis stridhan, it is not possible to say at this stage.

( 3 ) DEWAN Rameshwar Prasad Singh, taluqdar of Amargarh who was the first party is the proceedings under Section 145, Cr. P. C. has since died and is now represented by his widow, Mt. Suraj Kishori Devi. He is the Ranis nephew, being her brothers son. He claimed the property as stridhan, heir of the deceased. Raja Narsing Padam Saran Shah,











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