JUDGMENT

C.C. Ghose, J. - The facts connected with this Rule are as follows : The petitioner, Nripendra Bhusan Ray, is a nonresident zemindar of Narail in the district of Jeasore. It is stated that he resides at Madhupur in the Sonthal Parganas and that all the affairs of his zamindari, which lies in several districts, are managed by one Bepin Behari Dutt, who is his manager and who resides at his sudder cutohery in Narail. There is a hat at a place called Simakhali, 17 or 18 miles distant from Narail, which is owned by the petitioner and others. This hat is let out to various persons under leases for a term. In 1327 B.S. the hat in question was leased out to one Ibrahim Sikdar for a period of three years at an annual rental of Rs. 575 and during the pendency of this lease a rival hat was started in or about January, 1922, at a place called Kholabari, which is within a mile of Simakhali. On the 17th September, 1922, a riot occurred at Kholabari. Certain persons, namely, Forman, Izatulla, Wares Sikdar, Basiruddin and Khodai Mulla were convicted of rioting at Kholabari by the Additional Sessions Judge of Jessore on the 8th February, 1923. Thereafter a case was started under Sections 1