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Judgment
Straight, J.—The Joint Magistrate''s explanation does not meet the difficulty. He has decided the question of possession entirely upon the finding of the Officiating Collector of the 6th June 1890, which was no evidence of the issue he had to try, namely, which of the contending parties was in actual possession at the time of his (the Joint Magistrate''s) proceedings. The Joint Magistrate would be well advised to carefully examine the terms of a section before he proceeds to act under it, as his irregularity of action in this matter has necessitated this reference by the learned Judge. I quash his order, but it will be open to the Joint Magistrate to hold a fresh proceeding if the required conditions still exist.