Nawal Kishore, J.—This is a reference by the learned Sessions Judge, Bikaner, holding that the First Class Magistrate, Berunjat, who directed that Manakmal shall remain in possession of the Nohra until evicted in due course of law had no jurisdiction to initiate proceedings under section 145 of the Criminal Procedure Code and that there was little doubt that the dispute between the parties was of a civil nature. He has accordingly recommended that the order of the learned Magistrate may be quashed.

2. The property in dispute which has led to this application under section 145 of the Criminal Procedure Code consists of a Nohra adjoining the house belonging to Manakmal applicant. It was stated in the application:—

(a) That the Secretary, Oswal Young Mens Association and Dude-chand had got the wall to the south of the Nohra demolished on 25th of March 1949.

(b) That they had also got the wall towards the east demolished.

(c) That they were intending to close the old door of the Nohra and open a new one on the site of the eastern wall which had been demolished by them.

3. It was further stated in the application that Dudechand was contemplating the construction of a passage at night with th

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