JUDGMENT Banerjee, J. - This is a rule calling upon the District Magistrate of Pubna to show cause why the order of the Deputy Magistrate, dated the 22nd December 1902, should not be set aside, on the ground that on the facts stated in the judgment the proceedings should have been under sec. 145 and not under sec. 107 of the Code of Criminal Procedure. When the rule came on for hearing, the learned Judges composing the Division Bench before which it was heard, were equally divided in opinion. Mr. Justice Harington being of opinion that the rule should be made absolute and the order of the Deputy Magistrate set aside, while Mr. Justice Brett was of opinion that the rule should be discharged. That being so, the case has, by order of the Chief Justice, been laid before me under sec. 429 read with sec. 439 of the Code of Criminal Procedure. 2. I have read the opinions of the learned Judges who heard the rule in the first instance. At the hearing before me no one appears for the Magistrate but Babu Gobinda Chandra Dey Roy appears for the Petitioner. After going through the papers I am of opinion chat although the mere fact or a dispute likely to lead to a breach of the peace being a dispute relating to the possession of land may not be sufficient to preclude the Magistrate from taking proceedings under sec. 107 of the Code of Criminal Procedure and to confine his action to a proceeding under sec. 145, yet having regard to the facts found by the Deputy Magistrate in this case, it cannot be said that a case sufficient for the taking of security under sec. 107 has been established. 107 of the Code of Criminal Procedure and to confine his action to a proceeding under sec. 145, yet having regard to the facts found by the Deputy Magistrate in this case, it cannot be said that a case sufficient for the taking of security under sec. 107 has been established. Sec. 107 enacts that "whenever a Presidency Magistrate, District Magistrate, Subdivisional Magistrate or Magistrate of the first class receives information that any person is likely to commit a breach of the peace or to do any wrongful act that may probably occasion a breach of the peace within the local limits of such Magistrate's jurisdiction, or that there is within such limits a person who is likely to commit a breach of the peace or do any wrongful act as above said in any place beyond such limits, the Magistrate may, in manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond with or without sureties, for keeping the peace for such period not exceeding one year, as the Magistrate thinks fit to fix." 3. The only fact found by the Deputy Magistrate in this case is stated by him in these words, "Taking the whole facts and circumstances of the case into consideration I cannot but hold that Manik Mollah of the second party is the the aggressor and that he is trying his best to disturb the peaceful possession of Sundari and her husband Basiruddin." That does not in my opinion amount to a finding that the second party Manik Mollah, who has been ordered to be bound down to keep the peace is likely to commit a breach of the peace or disturb public tranquility or do any wrongful act which may probably occasion a breach of the peace or disturb public tranquility, by disturbing the peaceful possession of Sundari and her husband. The disturbance of that peaceful possession may not lead to any breach of the peace or disturbance of public tranquility. Moreover I have referred to the evidence on the record, and I agree with Mr. Justice Harington in thinking that there is no evidence on which a finding, such as would bring the case within sec. 107, could be supported. That being so, I agree with Mr. Moreover I have referred to the evidence on the record, and I agree with Mr. Justice Harington in thinking that there is no evidence on which a finding, such as would bring the case within sec. 107, could be supported. That being so, I agree with Mr. Justice Harington in thinking that this rule should he made absolute and the order, binding down the Petitioner to keep the peace, set aside.