Sinha, J.

1. This is an application for setting aside the order of the Sub-divisional Officer of Buxar, dated the 6th/7th October, 1951, and for restoration of a truck numbered BRA 4720 which was seized by the police of Buxar under orders of the Sub-divisional Officer and made over to the opposite party in the circumstances to be presently mentioned.

2. The petitioner Indrasan Rai of village Arjun-pore, police station Buxar, claims to be the owner of the truck mentioned above which, according to him he had purchased from the Liberty and Company, Patna, sometime in the month of March 1951. It is alleged that Enayat and Ayub, son of Enayat, the opposite party, were the two karpar-daas of the petitioner looking after the affairs of the petitioner at home including the construction of a pucca house. The truck was employed in carrying bricks, sand, etc., to the petitioners house and was always in his possession. The petitioner discovered on the 15th September 1951, that the opposite party had practised fraud upon the petitioner and had without his knowledge dishonestly got the truck registered in Ayubs name (one of the opposite party) and that the opposite party had a sinister d