Jan 6, 2018
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What are the powers and local inquiry relating to dispute as to immovable property?

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What are the powers and local inquiry relating to dispute as to immovable property?

Power to attach subject of dispute and to appoint receiver

If the Magistrate considers the case emergency case or if decides that no party was then in such possession, then he may attach the dispute. Its done until competent court determines the rights of parties with regards to the person entitled to the possession. Provided that Magistrate may withdraw the dispute so attached. If he satisfied that no chances of breach of peace with regard to the subject of dispute.

When the Magistrate attaches the subject of dispute, he may appoint a receiver thereof. If no receiver in relation to such subject of dispute has appointed by any civil Court. Such receiver shall have all the powers of receiver appointed by civil court in this regard. Provided that if receiver subsequently appointed in relation to the subject of dispute by any civil Court, the Magistrate-

  1. shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the civil Court and shall thereafter discharge the receiver appointed by him;
  2. may make such other incidental or consequential orders as may be just.

Dispute concerning right of use of land or water

  • 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.
  • The Magistrate examines the statements, hear the parties, receive all such evidence produced by them. It also take such further evidence as he thinks necessary. If possible decide whether such right exists and also the provisions of section 145 shall apply in the case of such inquiry.
  • If it appears to such Magistrate that such rights exist, he may make an order prohibiting any interference with the exercise of such right, including, in a proper case, an order for the removal of any obstruction in the exercise of any such right.Provided that no such order shall made where the right is exercisable at all times of the year. Unless such right has exercised within three months next before the receipt of the report of a police officer or other information. This leads to the institution of the inquiry.
  • During the proceedings, if the Magistrate finds that the dispute is regarding right to user of land or water. Then he may, after “recording his reasons, continue with the proceedings.

 Local inquiry

A District Magistrate or Sub-divisional Magistrate may appoint any Magistrate subordinate to him to make the local inquiry. Also furnish him with written instructions necessary for his guidance. He may also declare by whom the whole or any part of the necessary expenses of the inquiry shall paid. The report of the person so appointed may be read as evidence in the case. When any costs have been incurred by any party to a proceeding under section 145, section 146 or section 147, the Magistrate passing a decision may direct by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and whether in whole or in part or proportion and such costs may include any expenses incurred in respect of witnesses and of pleaders’ fees, which the Court may consider reasonable.

 

 

 

 

 

Article Categories:
Criminal law

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