G.L. Gupta, J.-This revision is directed against the order dated 18-2-1998 passed by the learned Judicial Magistrate, Chittorgarh, in favour of Respondent No. 2 Narain Nath for the interim custody of the tractor.

2. The brief facts of the case are that in connection with FIR No. 822/85 P. 5. Kotwali, Chittorgarh, Tractor No. RJK 6745 and trolley were seized by the police on 28-11-1985. One Pikesh Kumar made an application on 10-12-1985 for the interim custody of the tractor and trolley stating that owner of the vehicle was Narain Nath but the same was registered in his name as he was the financer of the tractor. The application of Pikesh Kumar was allowed by the Magistrate vide order dated 6-1-86. However, Pikesh Kumar did not take the delivery of the vehicle, instead Chothmal claiming to be the power of attorney-holder of Pikesh Kumar made an application for the delivery of the tractor and trolley. The tractor and trolley were handed over to him on his furnishing personal bond in the sum of Rs. 75,000/-and a surety of the like amount. It was agreed by Chothmal that he would not sell or mortgage the vehicle nor would make alteration in the body of the vehicle. Jagdish Gadi