S.S.Sandhawalia, J.

1. Can the High Court in the exercise of its inherent powers under the Code of Criminal Procedure order the restitution of possession to the petitioner while setting aside a wholly arbitrary order of the Magistrate dispossessing him under the garb of an order under Sec.144 of the said Code-is the significant question herein. This reference to the larger Bench has apparently been necessitated by veiled doubts about some discordance of precedent within this Court on the issue aforesaid.

2. The question aforesaid stems from a dispute between the petitioner Rajiv bharti alias Anil Kumar Sharma and the opposite party over the possession of the first floor of the shop claimed to be in the occupation of the petitioner It has been averred that the ground-floor of the premises has already been in his occupation for carrying on his business in partnership with one Satyanarain Singh and he had constructed the disputed room on the first floor for storing the goods of his business therein. The case set up by the opposite party was that the petitioner had inducted the aforesaid Satyanarain Singh as a tenant in Mae ground-floor and was forcibly trying to occupy the fir