ORDER : - This is a revision petition by the second party against an order under S.145, Cr.P.C. passed by a first class Magistrate of Puri declaring the first party (opposite party) to be entitled to possession of the disputed property which consists of about 60.67 acres in village Rebatiraman, P.S. Sadar, in the district of Puri. About nine acres of the disputed property consist of paddy lands and the rest are cocoanut gardens, orchards and tanks. The opposite partys case was that the entire property was in their actual possession and that the ancestors of the petitioners were just allowed to reside in the cocoanut garden and render service to Lord Jagannath on ceremonial occasions. The petitioners however contended that their ancestors reclaimed the lands, laid up cocoanut gardens and orchards and prepared paddy fields which they were holding on bhag basis under the first party. Both sides led evidence; but the learned Magistrate preferred the evidence of the first party. Apparently, the case was not conducted with proper care and clear evidence about separate possession of the paddy fields as distinct from the evidence about possession of the orchards and tanks was not led. In t