ORDER

Chandra Prakash, J. - This is a reference made by Shri Sushil Kumar, II Civil and Sessions Judge, Bulandshahr, by his order dt. 1-5-1972 by which he has recommended the order of the learned Magistrate dropping the proceedings and directing release of the property in favour of Gaon Samaj to be quashed. The reference has been made in the following circumstances:

One Dhannoo moved an application u/s 145 Code of Criminal Procedure on 20-9-1970 alleging that he was in cultivatory possession of the plots in dispute and there was an apprehension of breach of peace from the side of Patiram and others. The learned Magistrate after being satisfied that there was a dispute regarding possession of immovable property and there was a likelihood of the breach of peace passed a preliminary order on 13-10-1970 and the plots in dispute were attached Dhannoo, who was the first party and Patiram and others, who were the second party, filed their respective written statements. They asserted their own possession and filed affidavits and some documentary evidence in support of their respective claims. After going through these documents and the affidavits the learned Magistrate came to the conclusion