Jamuar, J.

1. This is an application by the second party to a proceeding under Sec.145 Criminal P. C. against an order passed against them in that proceeding by a Magistrate of Bettiah. The argument advanced in support of this application is that in the circumstances of this case the entire proceeding to without jurisdiction. As the point raised involved an important question of law, the application was referred to a Division Bench for decision.

2. The land involved in the proceeding was B bighas 8 kathas 13 dhurs in village Siswa Bahuarwa. The case of the first party is that these lands were recorded in the revisional survey in the names of Mahto. Lal Parikha having died without leaving a male issue & in jointness with Bhoj Mahto, Bhoj Mahto came in possession of the lands. Thereafter Bhoj Mahto died leaving a son Goga Mahto, who inherited the lands in question & became the sole owner thereof. A few years later, Goga Mahto died leaving a daughter named Mt. Sokrania as his only issue & his widow Mt. Sundari. The case of the first party, thereafter, proceeds that Mt. Sokrania became the owner of the property left by Goga Mahto and enjoyed possession over it. Mt. Sokrania. wh