( 1 ) ON 8-8-1955, Sukh Din made an application under Section 145, Code of Criminal Procedure to the Sub-Divisional Magistrate, Salon, district Rae Bareli claiming to be Sirdar of plot No. 369/2 in village Ahal, Police station Salon as heir of his deceased brother; Bhagwan Din. He alleged that Ganga Baksh Singh, the opposite party, who was previously the zamindar, had taken forcible possession of the plot on or about 24-7-1955.

( 2 ) THE Sub-Divisional Magistrate asked the Police for a report by 23-8-1955 as to the existence of an apprehension of a breach of the peace. The police report was not received on that date and was awaited for till 12-9-1955. Actually the police submitted a report on 31-8-1955 and this was received by the Magistrate on 8-9-1955 but for some unexplained reason, it was not put up before the learned Magistrate on 12-9-1955 and no preliminary order under Section 145 (1) of the code of Criminal Procedure was passed till 14-10-1955. The land in question was attached on 18-11-1955.

( 3 ) AFTER completing his enquiry the learned Magistrate by his order dated 24-4-1956 held that sukh Din was in possession all along. He released the attached crop in