SARJOO PROSAD, C. J.

( 1 ) THIS is an application for setting aside an order dated 27-6-1958 passed by the Sub Divisional Magistrate of Bharatnur in a proceeding under Section 145 of the Criminal Procedure Code. The petitioner in this court was first party to the proceeding. The dispute relates to lands comprising an area of 40 1/4 bighas in village Shikasaria Tehsil Bharatpur. It is not disputed that the opposite party Ghure was a tenant in cultivation of the lands upto 5-6-1955; but it is claimed by the petitioner that the landlords on that date executed a Patta in favour of the petitioner and opposite party No. 2 for cultivation of the lands on payment of rent and that on the said date these lessees were put in possession thereof.

( 2 ) THE proceeding in question was started on a petition filed by the petitioner on 18-12-1957 wherein it was alleged that the opposite party Ghure threatened to dispossess the petitioner from the disputed lands by force of arms and therefore a proceeding under Section 145 of the Cr. P. C. was necessary. Accordingly, on 18-12-1957, the proceeding was drawn up by the Sub-divisional Magistrate, Bharatpur and the lands were directed to be atta