THE CODE OF CRIMINAL PROCEDURE, 1898

(ACT NO. V OF 1898).
  [22nd March, 1898]
 
 
     
   
 
CHAPTER XII
DISPUTES AS TO IMMOVABLE PROPERTY
 
  Disputes concerning rights of use of immovable property, etc  
147.(1) Whenever, 1[ any 2[ District Magistrate, or 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 regarding any alleged right of user of any land or water as explained in section 145, sub-section (2) (whether such rights be claimed as an easement or otherwise), within the local limits of his jurisdiction, he may make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend the 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, and shall thereafter inquire into the matter in the manner provided in section 145, and the provisions of that section shall, as far as may be, applicable in the case of such inquiry.

(2) If it appears to such Magistrate that such right exists, he may make an order prohibiting any interference with the exercise of such right: Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last of such occasions before such institution.

(3) If it appears to such Magistrate that such right does not exist, he may make an order prohibiting any exercise of the alleged right.

(4) An order under this section shall be subject to any subsequent decision of a Civil Court of competent jurisdiction.
 
 
 
1 The words and comma `any Metropolitan Magistrate,` were substituted, for the words `the chief Metropolitan Magistrate or any` by section 2 of the Code of Criminal Procedure (Amendment) Act, 1980 (Act No. IV of 1980)

2 The words and comma “District Magistrate, or 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 56 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).

 
 

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