Dave, J.—This case comes on a reference made by the Sessions Judge, Jodhpur, by his report dated 22nd April 1954.

2. The facts giving rise to it are that on 28th June, 1953 one Govind Narain made a report to the Sub-Inspector Police, Division B Jodhpur that he had advanced a loan of Rs. 9001/- to Sahebjada Faijmohamad of Jodhpur and Faijmohamad had therefore mortgaged his house with him for the said amount. He had also executed a rent-note in favour of the complainant. On 13-1-40 the complainant got a decree for possession of the house and also for arrears of rent. On 17-4-53 he was put in possession of the house through the bailiff of the court. It was alleged by him that one Mst. Begum Fezun, widow of Taj Mohamed Khan, and Noor Mohamed Khan made a criminal trespass into his house and took possession of certain portion thereof and therefore, it was prayed that they should be dealt with for committing offences under secs. 447, 448 and 379 I.P.C. The police investigated into the matter and challa-ned Mst. Begum Fezun Bibi and Noor Mohamad under sec. 448 I.P.C.

3. Before the commencement of inquiry an application was presented by Mst. Begum Fejun to dispense with her personal attendanc

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