Misra, J.

1. This petition arises out of an order under Sec.145, Criminal P. G., passed by a First Class Magistrate at Nawadah, declaring the opposite party to be in possession of the lands of khata Nos. 3, 4, 6, 7, 9, 11, 14, 16, 18, 19, 20, 21, 23, 26 and 34. (except plot Nos. 92 and 93). The petitioners were the second party in the proceeding.

2. The case of the first party briefly stated was that he purchased these lands at an auction sale held on various dates in the year 1936 at the instance of Srikant Lal and Shyamakant Lal, landlords of the mouza, who obtained rent decree against the members of the opposite party who were the raiyats in respect of the lands in dispute. He came into peaceful possession of the property, tout trouble started in 1939 when some of the original raiyats laid claim to the land. This gave rise to a proceeding under Sec.144, Criminal P. C., which, however, ended in favour of the first party. The first party, Govind Lall, continued in peaceful possession thereafter when fresh trouble started in the year 1946 and there was a police report on 2-12-1947 for action under Sec.144, Criminal P. C. This was converted into a proceeding under Sec.145, C