Ramaswami, J.

1. The dispute in this case relates to 2 bighas being a portion of plot No. 537 in village Chak Pitambarpur. The petitioners claimed that the entire plot was recorded in the name of their ancestors, that they had been paying rent to the landlords for which they had obtained receipts and that they were in possession of the plot for a long time. The opposite party, on the contrary, asserted that in 1326 their ancestor Garib Das Singh had purchased the land by a sada sale-deed from Imrit Mahto. After the purchase of Garib Das Singh and after him the opposite party had come into possession of the land. On 17-3-1950, the Sub-Divisional Magistrate issued notice under Sec.144, Criminal P. C., against one of the parties restraining them from going near the disputed land. On 9-4 1950, both the parties showed cause, and on 26-4-1950 the learned Magistrate made the order absolute in favour of party 1 and vacated the order against party 2,

2. Party 1 moved the Additional District Magistrate of Patna who set aside the order of the Sub Divisional Magistrate. Purporting to act under Sec.144 (4), he rescinded the order made against party 1 and "made the order under Section 14