In Re: the matter of the Petition of Mackenzie

Jackson, J.—We think it clear that the order of the Magistrate is erroneous. He seems to be under the impression that the effect of the butwara proceedings and the orders therein is to oust the tenants previously holding under parties either in joint possession or holding separately by consent. That clearly is not so. The injustice would be monstrous if it were so.

The possession given by the butwara ameen to Shere Bahdoor in this case was possession as owner, not possession as occupier. The Magistrate''s order, therefore, must be set aside. The Magistrate will enquire into the fact of actual possession by the complainant, Mr. Jackson''s client, and if he be found to be in actual possession will maintain him in it.