Imam, J.

1. The reference and the application in revision have been heard together as they arise out of the game matter, in the application in revision, the first party are the applicants and in the reference, the matter has been placed before this Court by the 4th Additional Sessions Judge of Patna, recommending that the order of the Magistrate declaring possession in favour of the second party should be set aside, because in his opinion the case would be covered by a decision of this Court in the case of - Gobordhan Das V/s. Suresh Chandra A.I.R. 1942 Pat 48y (A). The revisional application arises out of the order of the Magistrate in the proceedings under Sec.145, Criminal P. C. where he was of the opinion that he could not decide possession of either party with reference to all the plots except plot no. 23, and, consequently, attached those plots under Sec.146 of the Code.

2. I shall deal with the application in revision first. A mere perusal of the order of the magistrate indicates that there has been no real discussion of the evidence on the question of possession by him. There were numerous plots involved in the dispute and the subject matter of the proceedings under