R. K. DAS, J.

( 1 ) THE petitioner is the Second party in a proceeding under Section 145 Cr. P. C. The dispute relates to 8 90 acres of Jagir lands in the Ex state of Khandapara given to one Satyabadi Champati Ray for performance of obsequial duties after the death of the Raja of Khandapara. Satyabadi had two sons, Bairagi and Laxman. The petitioner is the daughter of Laxman and the opposite party is the son of bairagi. After the death of Satyabadi, Bairagi and Laxman amicably divided the property and both were recorded as holders of the said Jagir. After merge! of the state, the petitioner-second party made an application to be recorded as an occupancy tenant in respect of the share of her father Laxman and by order dated 16-12-1964 in Jagir Case No. 192/49-50, her name was so recorded in place of her father, and after notice she was paying rent as an occupancy tenant. On 2312-1961, another brother of the opposite party filed a suit (O. S. 233/61) for bare declaration of title to the suit property without asking for delivery of possession. During the pendency of the said suit he also made a prayer for an injunction against the petitioner which was rejected on 13-2-1961 on the gro