1. In this case no question of jurisdiction arises bat it would appear that the Magistrate has made a slip in declaring the possession of the whole
237 1/2 bighas, i.e., three chalet, to be with the second party. The second party consisted of 11 persons, 8 of whom filed written statements. From
those written statements it would appear that they claimed 172 bighas 6 kanals 2 chattaks between them, each tenant giving the boundaries of the
Area which he held. It also appears from the learned Magistrate''s order that, although the proceedings commenced with regard to the whole 237
1/2 bighas, Gaganchand Naskar had won over some of the old tenants to his side and they had executed new kabuliyats in his favour. As to the
precise area covered by those kabuliyats there is nothing before us to show, but it would appear that the second party were in possession not of
the whole 237 1/2 bighas, but of 172 odd bighas as shown in their various written statements. We think that the case should go back to the learned
Magistrate to see if this error was, in fact, made; and if it was for him to correct it.
2. Let the record be sent down without delay.
