BHAGANATHI SERVAI Vs. VALAYEE

JUDGEMENT

(1.) THE order of the Magistrate was passed without jurisdiction. He had no power under Section 144 of the Code of Criminal Procedure to direct the village Munsif to be in possession of the property. THE section only enables the Magistrate to direct a party to the proceeding to do or abstain from doing certain acts regarding the subject-matter of the dispute. My view of the section is supported by Leong Mow v. Tchun Chun 12 C.W.N. 1044. 8 Or. L.J. 230. THE order contained in the last clause of the, proceedings is set aside. THE Magistrate will direct the village Munsif to restore the properties to the parties from whom he or the Police took possession.