Section 145 in The Code of Criminal Procedure, 1989 (1933 A. D.)
145. Procedure where dispute concerning land, etc. is likely to cause breach of peace.
(1)Whenever a [Chief Judicial Magistrate, or any other Judicial Magistrate of the first class] [Substituted by Act XL of 1966.] is satisfied from a police report or other information that a dispute likely to cause a 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 statements of their respective claims as respects the fact of actual possession of the subject of dispute [and further requiring them to put in such documents, or to adduce, by putting in affidavits, the evidence of such persons, as they rely upon in support of such claims] [Substituted by Act XLII of 1956.] :[Provided that where the dispute likely to cause a breach of peace concerns any land as defined in the [Jammu and Kashmir Agrarian Reforms Act, 1976] [Inserted by Act II of 1974.] the powers under this section shall be exercisable only by the District Magistrate or an Executive Magistrate of the first class],(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 of 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, peruse the statements, documents and affidavits, if any, so put in, hear the parties and conclude the inquiry, as far as may be practicable, within a period of two months from the date of the appearance of the parties before him and, if possible, decide the question 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 the Magistrate may, if he so thinks fit, summon and examine any person whose affidavit has been put in as to the facts contained therein :Provided further 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 anytime attach the subject of dispute, pending his decision under this section] [Section 145 (4) Substituted by Art XXIV of 1978, Section 2.],(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 [second proviso] [Substituted by Act XLII of 1956 for 'first proviso'.] to sub-section (4) be treated as being in such possession of the 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 [second proviso] [Substituted by Act XLII of 1956 for '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 representatives 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 Executive Magistrate] [Substituted by Act II of 1974, Section 2.] to proceed under section 107.
