Das, J.

1. This is a reference by the learned Sessions Judge of Hazaribagh recommending that an order dated 13th August 1949 made by a Magistrate exercising first class powers at Hazaribagh in a proceeding under Sec.145, Criminal P. C., be set aside. By the order in question the learned Magistrate found the first party to the proceeding in possession of the lands in dispute. He declared the possession of the first party and forbade the members of the second party from interfering with that possession until evicted in due course of law.

2. I have heard Mr. T.K. Prasad appearing for the members of the second party in support of the reference. Mr. Bajrang Sahay has been heard against the reference.

3. Before I state the reasons which the learned Sessions Judge has given in support of his recommendation, I should state the facts relevant to the points now in issue. The facts are these. On 19th October 1948, two persons, Badri Mahton and Ramkumar Mahton, first party in the subsequent proceeding under Sec.145, Criminal P.C., filed a petition regarding certain lands detailed in Schedule A, appended to the petition. They alleged that the lands were the royaiti lands of one Lalo Mah