UNIYAL, J. :- This application in revision arises put of proceedings under Section 145, Criminal P. C. and is directed against an order passed by the Magistrate in terms of Section 146 (1-B) of the Code of Criminal Procedure.

2. The dispute related to a plot of land which each party claimed to be in his exclusive possession. On being satisfied that there was an apprehension of the breach of the peace in respect of the land in question, the Magistrate attached the property and followed the procedure laid down in sub-clause (1) of Section 145, Criminal P. C. After perusing the written statements, affidavits and other documents filed by the parties concerned, the Magistrate came to the conclusion that it was a fit case which should be referred to the Civil Court under sub-section (1) of Section 146, Criminal P. C. The parties were directed to appear before the Civil Court and they adduced evidence in support of their respective claims as respects of the fact of possession of the subject of dispute. The Civil Court recorded a finding that the opposite party was in possession of the disputed plot on the date of the preliminary order as also two months next before the date of suc