Das, J.

1. This is a reference made by the Sessions Judge of Bhagalpur in respect of an order passed by the learned Munsiff Magistrate of Banka in a proceeding under Sec.145 of the Code of Criminal Procedure. In the view which I have taken, it is unnecessary to state the facts. The facts are clearly stated in the letter of reference of the learned Sessions Judge. The two main grounds on which the learned Sessions Judge has made this reference are: (1) that the learned Munsiff Magistrate failed to appreciate the real question he had to determine in a proceeding under Sec.145, Code of Criminal procedure; and (2) that the proceeding was defective, inasmuch as it gave no details of the subject-matter of dispute. In my opinion, both these grounds are valid and vitiate the order passed by the learned Munsiff Magistrate.

2. On the question of possession, the learned Munsiff Magistrate expressed himself as follows:

"As regards possession, possession must be deemed to follow title. I have said that the title of the second party (second party here is a mistake for first party) over this land by virtue of the kebalas is not opposed by any counter title to the land because the kebalas