THE CODE OF CRIMINAL PROCEDURE, 1898

(ACT NO. V OF 1898).
  [22nd March, 1898]
 
 
     
   
 
CHAPTER XII
DISPUTES AS TO IMMOVABLE PROPERTY
 
  Procedure where dispute concerning land, etc, is likely to cause breach of peach  
145.(1) Whenever 1[ a 2[ District Magistrate, or an Executive Magistrate specially empowered by the Government in this behalf] 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 of 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.

(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.
 
 
 
1 The letter, words and comma `a Metropolitan Magistrate, District Magistrate` were substituted, for the words `the Chief Metropolitan Magistrate, a District Magistrate` by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980)

2 The words “District Magistrate or an Executive Magistrate specially empowered by the Government in this behalf” were substituted for the words and commas “Metropolitan Magistrate, District Magistrate, Sub-divisional Magistrate or Magistrate of the first class” by section 54 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).

 
 

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