JUDGMENT

Rachhpal Singh, J. - This is a reference by the learned Sessions Judge of Farrukhabad recommending that an order passed by a Magistrate of First Class in that District directing that one Bhola Singh under the provisions of Section 145, Criminal Procedure Code, be put in possession of the plot in question, be set aside.

2. Bhola Singh made an application u/s 145 Code of Criminal Procedure on the 15th of March, 1933, in which he alleged that Munshi Singh, Gurdatta Singh, and Mahartan Singh had forcibly dispossessed him of a plot of land by erecting a building over it and by cutting some trees, and that, therefore, there was an apprehension of the breach of the peace. It may be stated here that in his application Bhola Singh alleged that he had been dispossessed seven or eight days before the date of his application. The Sub-Divisional Magistrate asked the police to make a report and it was not till the 11th of May, 1933, that he issued a notice to the opposite-party. The learned Magistrate who tried the case came to the conclusion that Bhola Singh's possession continued undisturbed till lately when he was forcibly ousted from the plot. He did not, however, specify the exact da