THE CODE OF CRIMINAL PROCEDURE, 1898
(V OF 1898)
[22nd March, 1898]
An Act to consolidate and amend the law
relating to the Criminal Procedure
CHAPTER XII
DISPUTES AS TO IMMOVABLE PROPERTY
145. Procedure where dispute concerning land,
etc., is likely to cause breach of peace. (1) Whenever a [1][Magistrate
of the first class] is satisfied from a police-report or other information that
a dispute likely to cause breach of the peace exists concerning any land or
water or the boundaries thereof, within the local limits of his jurisdiction,
he shall make an order in writing, stating the grounds of his being so
satisfied, and requiring the parties concerned in such dispute to attend his
Court in person or by pleader, within a time to be fixed by such Magistrate,
and to put in written statement of their respective claims as respects the fact
of actual possession of the subject of dispute.
(2) 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.
(3) A copy of the order shall
be served in manner provided by this Code for the service of a summons upon
such person or persons as the Magistrate may direct, and at least one copy
shall be published by being affixed to some conspicuous place at or near the
subject of dispute.
(4) Inquiry as to possession. The Magistrate
shall then, without reference to the merits or the claims of any of such
parties to a right to possess the subject of dispute, pursue the statements so
put in, hear the parties, receive all such evidence as may be produced by them
respectively, consider the effect of such evidence, take such further evidence
(if any) as he thinks necessary, and, if possible, decide whether any and which
of the parties was at the date of the order before mentioned in such possession
of the said subject:
Provided that, if it appears to the Magistrate that any party has within
two months next before the date of such order been forcibly and wrongfully
dispossessed, he may treat the party so dispossessed as if he had been in possession
at such date:
Provided also, that if the Magistrate considers the case one of
emergency, he may at any time attach the subject of dispute, pending his
decision under this section.
(5) 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; and in
such case the Magistrate shall cancel his said order, and all further
proceedings thereon shall be stayed, but, subject to such cancellation, the
order of the Magistrate under sub-section (1) shall be final.
(6) Party in possession to retain
possession until legally evicted. If the Magistrate
decides that one of the parties was or should under the first 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 first
proviso to sub-section (4), may restore to possession the party forcibly and
wrongfully dispossessed.
(7) When any party to any such
proceeding dies, the Magistrate may cause the legal representative of the
deceased party to be made a party to the proceeding and shall thereupon
continue the inquiry, and if any question arises as to who the legal
representative of a deceased party for the purpose of such proceeding is, all
persons claiming to be representative of the deceased party shall be made
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
property, 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.
[1]. Subs.
for the words “District Magistrate .. this behalf” by Ord., XXXVII of 2001,
[PLJ 2001 Fed.