The question referred to the Full Bench is whether the period of two months mentioned in the second proviso to section 145 (4), Criminal Procedure Code, as the period within which a person forcibly and wrongfully dispossessed could get relief should be literally and strictly construed with reference to the date of the preliminary order, as mentioned in that proviso, or whether it should be liberally and equitably construed with reference to the date of the petition.

There is conflict of judicial opinion on this question. The leading decision in favour of the liberal interpretation is the Bench decision of this Court in Narayana v. Kesappa1, which refers to the conflicting decisions of this High Court on this question. A Bench decision of the Andhra High Court in Subba Raju v. Koneti Raju2, delivered

* 3rd December, 1965.

**25th August, 1966.

by Subba Rao, G.J., as he then was,dissented from the above decision and took the other view based on literal interpretation of the proviso. As the earlier Bench decision of this High Court was rendered prior to the formation of the Andhra High Court, and was binding on that High Court, the question was referred to a Full Bench of the