( 1 ) THIS is a criminal revision in a case under Section 145 of the Code of Criminal Procedure.

( 2 ) ONE Mirza Mohammad Aziz filed an application against Safdar Husain and Asghar Husain before the Deputy Superintendent of Police that they were threatening to take possession over a room in his house which was in his possession and this application was filed on the 19th July, 1959. The Deputy Superintendent of Police Lucknow sent it to a subordinate police officer who reported that there was an apprehension of a breach of the peace. This complaint was then forwarded to the Additional City Magistrate who took cognizance of it and passed a preliminary order on the 14th of November, 1959. The parties were then asked to file their affidavits and produce their documentary evidence and the Magistrate by his final order dated the 12tli January, 1961, handed over the disputed property to Safdar Husain and Asghar Husain and as the keys of the room were with one Nawab ghaznafar Ali Khan, he in order to facilitate the taking over of possession by Safdar Husain and asghar Husain directed that he should hand over the keys to Asghar Husain and Safdar Husain. Immediately after the criminal courts passed this order Mirza Mohd. Aziz went up in revision against the order of the Magistrate but this revision was dismissed. He then came up in revision before this Court and I am hearing it today.

( 3 ) THE counsel for the applicant contended that as his client has filed a suit in the civil courts and the civil courts have issued a temporary injunction stopping Safdar Husain and Asghar from taking possession of the room according to the orders of the Magistrate, I should allow this revision and set aside the order of the Magistrate, The counsel on the other side, however, contends that the Magistrate had passed this order when he was competent to do so and any subsequent action taken by Mirza Mohd. Aziz cannot make the order passed by the Magistrate as illegal or non-compliable. He contends that he has gone in appeal before the District Judge against the temporary injunction issued by the Munsif North Lucknow and that appeal is pending. It may be that the District Judge allows this appeal then the order of the Magistrate would be enforceable. I have heard the counsel for both the parties and in my opinion the order of the Magistrate cannot be treated as a dead letter. There is no legal defect in the order passed by the Magistrate and it cannot be said that he had no jurisdiction to pass this order. In order to illustrate this point it is necessary to give a few facts which form the background of this case.

( 4 ) IT appears that Safdar Husain and Asghar Husain were the sub-tenants of Mirza Mohd. Aziz and admittedly for quite appreciable time they were in possession of the disputed room as asghar Husain was carrying On business in that room. Then Asghar Husain went away to bombay but his signboard remained outside this room. After the departure of Asghar Husain mirza Mohd. Aziz wanted to retake possession of this room but Safdar Husain objected to it and there was a dispute between them which created an apprehension of a breach of peace. This apprehension can easily be inferred because some criminal cases were filed and the matter went before the courts of law. The common friends who were interested in both the parties then intervened and they tried to bring about a compromise. An agreement was drafted and it appears that it was acceptable to both the parties. This agreement was scribed on the 19th of June, 1959 and one of the terms of this agreement was that if Asghar Husain returned within two months from Bombay he will be given possession of this room. The keys of the room were placed with one Nawab Ghaznafar Ali Khan. Asghar hussain came back within a fortnight and so Safdar Husain and Asghar Husain wanted to take the keys of the disputed room from Nawab Ghaznafar Ali Khan. Instead of accepting the terms of the agreement Mirza Mohd