Dave, J.—This reference has been made by the District Magistrate, Jodhpur for setting aside an order passed by the Additional District Magistrate, Jodhpur on 6th April, 1957 in Criminal Original Case No. 1 of 1954 proceedings under sec. 145 of the Code of Criminal Procedure.

2. The dispute between the parties relates to bungalow No. 17 which is situated in the precincts of Ratanada Palace Jodhpur. It is common ground between the parties that the said bungalow belonged to the late His Highness Maharaja Hanwant Singhji, the then ruler of Jodhpur State till the 13th of January, 1948, when he was blessed with a son who has succeeded to his properties. One Mr. G.H. Godwin was officer-in-charge the "State Aviation" and the said bungalow was given to him for his residence. Even after the merger of the former State of Jodhpur in the State of Rajasthan, Mr. Godwin continued to remain in the personal service of the late His Highness Maharaja Hanwant Singhji. Maharaja Hanwant Singhji expired on 26th of 1952. Thereafter, Mr. Godwins services were terminated and he left for England in October, 1952. Nearly 2 years thereafter, an occurrence is said to have taken place on 14.10.1954 and the presen

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