Narayan, J.

1. This is a reference by Mr. Ramjivan Sinha, first Additional Sessions Judge of Patna recommending that the order of the learned Subdivisional Magistrate of Dinapore drawing up a proceeding under Sec.145, Criminal P. C. be set aside.

2. The disputed property is 21 bighas of land situate in mauza Balipankar, Police station Paliganj, district Patna. This land was given in usufructuary mortgage to two persons named Jamuna Prasad Singh and Saraswati Prasad Singh by virtue of two registered documents dated 31-3-1944 which had been executed by Ramnandan Prasad Narayan Singh, the adoptive father of Krishnanandan Prasad Narayan Singh, and his brother Shyamnandan Prasad Narayan Singh. On 27-6-1949 the mortgages were assigned to Bharath Singh and others by a registered document. On 26-5-1950 Krishnanadan Prasad Narayan Singh deposited the mortgage money under Section 83, T. P. Act, and notices with regard to the deposit were served on Bharath Singh and others who have been described in the letter of reference as opposite party Nos. 1 to 8. In July 1950 Sheonandan Singh and others who have been referred to as petitioners in the letter of reference took settlement of the l