The revision arises out of the order dated 20th February, 1970, passed by Shri R. S. Mishra S.D.M. Ballia in proceedings under S. 145 Criminal Procedure Code in the Criminal Case No. 1 of 1967 Ishwar Chand Pande and others v. Budhhoo and other P.S. Kotwali district Ballia. The magistrate declared the first party i.e. Ishwar Chand Pande and others to be in possession of the disputed property and restrained Budhhoo and others from interfering with the possession of Ishwar Chand Pande and others till they were evicted in due course of law. The magistrate has further directed that the property in question which was under attachment be delivered to Ishwar Chand Pande and others.

2. Briefly stated the facts of the case are that on 30th January, 1965 police report was made from P.S. Kotwali stating that there was apprehension of breach of peace between Ishwar Chand and others on the one hand and Budhhoo and others on the other regarding the land of village Shahpur Dighwara lying within the jurisdiction of P.S. Kotwali Ballia. A preliminary order was passed on 29-1-1967 by the magistrate and both the parties were called upon to file their written statements, affidavits and documents