RANAWAT, J.—This is a reference by the Addl. Sessions Judge of Tonk. Ramratan, Ramnath, Jagannath, Lalu and Dhanna of village Dewarnia purchased agricultural lands Khasra No. 1569 and 1574/2 measuring 89 Bighas 3 Viswas and 18 Bighas 3 Viswas respectively from Sahebzada Sardar Mohammad Khan by a sale-deed dated the 18th of October, 1959, and they were duly put into possession by the vendor. When the vendees went to plough the land, Onkara, Chandra, Mangiya, Raghunath and others of village Hathuna obstructed them. The vendees then made an application under sec. 145 of the Criminal Procedure Code in the court of the Sub-divisional Magistrate, Tonk and the Magistrate, after holding an inquiry, found himself unable to decide as to which one of the parties was in possession of the disputed land on the date of the preliminary order, namely the 25th of November, 1959. The Sub-divisional Magistrate, therefore, prepared a statement of the case and referred the point regarding possession for determination to the Civil Judge, Tonk. One of the parties raised an objection regarding the jurisdiction of the civil court on the basis of a Single Bench decision of this Court in The State V. Kt. Kesv

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