JUDGMENT : Richards, J.:— This is an application by way of revision against the order of the Sessions Judge of Mainpuri, refusing to revise an order of the District Magistrate of Mainpuri, dated the 24th of March, 1905, for the removal of some alleged encroachments upon alleged Government land. The order purported to be made under section 133 of the Code of Criminal Procedure. Dost Muhammad set up a case that the property was not Government property, but was his. It is quite clear that it is not open to any person illegally causing obstruction to public property to set up a bogus question of title for the purpose of ousting the jurisdiction of a Magistrate, and it is equally clear that, notwithstanding the raising of such a question the Magistrate is entitled to hear the case sufficiently to enable him to make up his mind whether or not a bonafide question of title is raised. 2. If, however, a bona fide question of title is raised, that is, if the party accused has an honest belief that he has a title, the Magistrate ought not to proceed with the case, but he should leave the matter to be decided by the Civil Court. In the present case the Magistrate has not found that no bonafide question of title was raised. On the contrary he seems to me to have heard the evidence fully and to have decided not on the bona fides of Dost Muhammad in raising the question of title, but the question of title itself. This he ought not to have done. 3. I accordingly think that the application should be allowed, and I allow the same accordingly and set aside the two order's referred to above.