1. The petitioners have come up to this Court against an order of the Magistrate of Bhagalpur by which he decided a proceeding under Sec.145 of the Code of Criminal Procedure against them. The dispute was in respect of about 6 bighas of land, being one-third of a holding measuring 10 bighas 15 kathas and odd, recorded in the record of rights in the name of one Dhusar Sah. The opposite party, who constituted the first party before the learned Magistrate, were in possession of the remaining two-thirds for a long time. The petitioners, who constituted the second party before the teamed Magistrate, are agnates of the opposite party.

According to the opposite party, the entire holding belonged to, and was in possession of, the ancestors of the parties when they were joint, but it was recorded in the record of rights in the name of Dhusar Sah, who was their benamdar. Subsequently, in 1906, a deed of relinquishment was executed by Dhusar Sah in favour of the joint family properties; and in 1907, the three branches of this family divided the entire holding amongst themselves. The opposite party represented two or these branches. In 1915, the third co-sharer is said to have transfer