( 1 ) THESE Rules raise two procedural questions of some practical importance. Both are questions under S l45, Criminal P. C.

( 2 ) THE disputed property is a small piece of land, about half a cottah. in area, and includes a mud-built house standing thereon. It is really the northern adjunct to the ancestral homestead of one Bepin Behari Mondal and was purchased in the Bengali year 1327 by a deed executed in favour of one of his sons, named Jogesh. Jogesh pre-deceased his father, leaving a widow, named Surabala or Surendrabala. After the death of Bepin, his surviving sons, Jitendra Nath and Harendra Nath, appear to have made some kind of a partition of the homestead, Jitendra taking the northern portion and Harendra the southern. In June 1950, one Kshudiram, who is the Petitioner in these Rules, obtained a transfer of the disputed property from Surabala who obviously dealt , with it on the basis that it was a self-acquired property of her husband. Jitendra and Harendra dispute that claim and their case is that the property was really acquired by the father Bepin, though Harendra is not very definite. After his 'purchase, Kshudiram exercised certain acts of posses