Gruer—This is a reference made by the Sessions Judge, Akola, who states that the order of a Magistrate, First Class, Akola, declaring a certain party to be in possession under S. 145, Criminal P. C, is perverse and should be changed into an order in favour of the other side. The contesting parties were Narayan Shaligram, party 1, the applicant, and Sunderlal and others, party 2. The land in dispute was a field of about 4 acres in mouza Saondal. Party 1 applied on 6th December 1934 asking for action under S. 107, Criminal P. C, and Ss. 392 and 447, I. P. C, on the ground that he and his lessees had been interfered with by the other side on 15th November 1934 and 26th November 1934, and that their cotton had been removed by force from the field. The Magistrate proceeded with the case under S. 107, Criminal P. C, but on 11th January 1935 the non-applicants pleader contended that the proceedings should be under S. 145, Criminal P. C. The Magistrate finally acceded to this view on 4th March 1935, cancelled the ^preliminary order under S. 107, Criminal P. C, and passed a fresh one under S. 145, Criminal P. C. After hearing evidence on both sides the conclusion reached was that pa