Jan 6, 2018
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Procedure to disputes as to immovable property ( section 145)

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Procedure to disputes as to immovable property ( section 145 ) under Code of Criminal Procedure, 1973. 

Procedure where disputes concerning land or water is likely to cause breach of peace

  • A report of police officer or other information that disputes concerning land or water, causing any breach of peace. The Executive Magistrate of that particular jurisdiction may order in writing. Also requires the parties to dispute attend the trial in person or through the his pleader. The date and time is so specified. It also requires the parties to put forth their claims as respects the fact of actual possession of the subject of dispute.
  • For the purposes of this section, the expression “land or water” includes buildings, markets, fisheries, crops or other produce of land, and the rents or profits of any such property.
  • A copy of the order shall served in the manner provided. The Magistrate directs for the service of a summons upon such person or persons. At least one copy shall published by affixing it to some conspicuous place at or near the subject of dispute.
  • The Magistrate shall not refer to the merits or the claims of any of the parties. He has right to possess the subject of dispute, check the statements, hear the parties, receive all such evidence. If he considers necessary, take such further evidence. If possible decide at the date of order, which party in possession of subject od dispute.

    Provided that if it appears to the Magistrate that any party has been forcibly and wrongfully dispossessed within two months next before the date on which the report of a police officer or other information was received by the Magistrate, or after that date and before the date of his order under Sub-Section (1), he may treat the party so dispossessed as if that party had been in possession on the date of his order under Sub-Section (1).

  • Nothing in this section shall preclude any party so required to attend, or any other person interested, from showing that no such dispute as aforesaid exists or has existed. In such case the Magistrate shall cancel his said order, and all further proceedings thereon stayed. But such cancellation, the order of the Magistrate under Sub-Section (1) shall be final.
    1. If the Magistrate decides that one of the parties should treated as in such possession of the said subject dispute. He shall order such party entitled to possession thereof until evicted in due course of law. Forbidding all disturbance of such possession until such eviction. He can also proceeds for restoring  possession the party forcibly and wrongfully dispossessed.
    2. The order served and published in the manner laid down.
  • Any party to such proceeding dies. The Magistrate orders the legal representative of the deceased party to made a party to the proceeding. Thereupon continue the inquiry. If any question arises as to who the legal representative of a deceased party for the purposes of such proceeding is, all persons claiming to be representatives of the deceased party shall made parties thereto.
  • If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make an order for the proper custody or sale of such properly, and, upon the completion of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks fit.
  • The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the application of either party, issue a summons to any witness directing him to attend or to produce any document or thing.

 

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