Nagendra Prasad Singh.

The petitioners were the members of the second party in a proceeding under section 145 of the Code of Criminal Procedure (hereinafter to be referred to as the Code'). The dispute related to several plots of land in three villages, namely, Lalsahaiya, Fakirachak and Hisuachak, in the district of Bhagalpur, details where of have been given in the order under revision. Learned Magistrate by the impugned order has come to the conclusion that opposite party no. I Lakshman Goswami (hereinafter to be referred to as' the opposite party') was in possession of the lands in dispute.

2 According to the members of the second party-petitioner, the lands in dispute belonged to them and they being the tenants in respect of those lands are in possession there of. So far as the opposite party is concerned, he is not disputing that the petitioners were the tenants of the hinds in question. That is an admitted position in the case. According to the opposite party, he was in possession of those lands as Bataidar of the petitioners, and, as such entitled to retain possession of those lands.

3. Originally, the application was filed before this Court challenging the impugned or