Law: Criminal Procedure Code (V of 1898)

Section: 145

Criminal Procedure Code (V of 1898)------- ----S. 145-Dispute concerning control and management of an institution rather than about possession of building in which institution is run--­Not a dispute regarding "land". Where the dispute between the parties clearly relates to the right of control and management over the institution and the dispute only concerns "land" i.e., the building in which the institution was housed at the time of the filing of the petition, in an incidental sense: Held, that there is between the parties no dispute which affects "land" in the sense contemplated by section 145 Criminal P. C. JUDGMENT CORNELIUS, J.-This is a petition by the respondents Mr. Jalil Javed and Dr. Nazeer Ahmad Khan describing them­selves as Bursar and Manager respectively of the "Jinnah, College and High School for Girls" at Sialkot, calling in question an order made under section 145, Criminal P. C. by a 1st Class Magistrate of Sialkot, whereby it was held that the petitioner Sh. Muhammad Sharif had been in possession of a building owned by one Siraj Din in which the institution to which the respondents are attached was located and that he was dispossessed within two months of the filing of the peti­tion, and directing that possession should be delivered over by the respondents to Sh. Muhammad Sharif. A petition was filed before the Sessions Judge of Sialkot by the respondents seeking a recommendation for the same purpose to the High Court, which was dismissed. After careful examination of the entire evidence led in the case, I am satisfied that the order of the learned Magis­trate cannot be maintained. The dispute between the parties clearly relates to the right of control and management over the institution named above, and this dispute only concerns "land" i.e., the building in which the institution was housed at the time of the filing of the petition, in an incidental sense. There is between the parties no dispute which affects "land" in the sense which I conceive to be necessary for application of the somewhat special provisions of section 145, Criminal P. C. For a proper understanding of this case it is necessary to state the facts at some length. The…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492