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Judgment
We have no doubt at all that the right to tap a tree is a question which may be the subject of proceedings u/s 145. That part of the Magistrate''s order which directs that a passage should be left for the purpose of snob tapping seems to us to be entirely without jurisdiction. There is no evidence on the record, so far as we can see, that the only way to cut this tree lies over the wall which is being built. But even if this were so, we should doubt whether the matter could be settled otherwise than by an injunction from the Civil Court. We, therefore, act aside the latter portion of the order of the learned Magistrate. The order declaring the tree to be in the possession of the first party should not be disturbed.