Jan 24, 2018
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Section 145 : Procedure where dispute concerning land or water is likely to cause breach of peace

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Section 145 : Procedure where dispute concerning land or water is likely to cause breach of peace

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

1. Whenever an Executive Magistrate satisfied by a report so presented by police officer. He may make a written order stating the grounds of his satisfaction. He may also require the parties concerned in such dispute to attend the court in person or by pleader. The parties should present themselves on date and time specified by court. The parties also put their respective claims in written statements as respects the fact of actual possession of the subject of dispute. Such a report of a police officer contains that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction.

2. For the purposes of this section, the expression “land or water” includes

  1. buildings,
  2. markets,
  3. fisheries,
  4. crops or
  5. other produce of land,

and also the rents or profits of any such property.

3. A copy of the order shall served in the manner specified for the service of a summons upon such person or persons as the Magistrate may direct. At least one copy shall published by affixed to some conspicuous place at or near the subject of dispute.

4. The Magistrate shall then peruse the statements so put in, hear the parties, receive all such evidence produced by them. Without reference to the merits or the claims of any of the parties, Magistrate hears the case. He may also take such further evidence, if any as he thinks necessary. If possible, decide whether and which of the parties at the date of the order made was in possession of the subject of dispute.

Provided that if it seems to the Magistrate that any party has forcibly and wrongfully dispossessed within two months. Before the date on which the report of a police officer or other information 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 in possession on the date of his order under Sub-Section (1).

5. No party precluded from required to attend or any other person interested, from showing that no such dispute exists or has existed. In such case, the Magistrate shall cancel his said order. He shall also put a stay on all further proceedings. But, subject to such cancellation, the order of the Magistrate under Sub-Section (1) shall final.

6. –

  1. If the Magistrate decides that one of the parties was, or should under the proviso to Sub-Section (4) be treated as being, in such possession of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction; and when he proceeds under the proviso to Sub-Section (4), may restore to possession the party forcibly and wrongfully dispossessed.
  2. The order made under this Sub-Section shall be served and published in the manner laid down in Sub-Section (3).

7. If any party to any such proceeding dies, the Magistrate may direct the legal representative of the deceased party to become a party to the proceeding.  He shall also thereupon continue the inquiry. If any question arises as to who the legal representative of a deceased party for the purposes of such proceeding. The Magistrate shall make all persons claiming as representatives of the deceased party as parties thereto.

8. 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.

9. 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.

10. Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to proceed under section 107.

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