Law: Criminal Procedure Code (V of 1898)

Section: 145

P L D 1957 (W. P.) Peshawar 49 Criminal Procedure Code (V of 1898),   S. 145---Court is concerned only with possession of immovable property and not with questions of title or incidental rights. In proceedings under section 145, Criminal P. C. the Court is concerned only with the question of possession and not of title or other incidental rights as to how, for instance, a wooden spout of a water-mill should be constructed and what should be its length, such questions are beyond the jurisdiction of a Court acting under section 145 Criminal P. C.   Abdul Rashid for Petitioners.         JUDGMENT   HABIBULLAH KHAN, J.---This is a reference by the Sessions Judge Hazara, whereby he has recommended the vacation of an order passed by a Magistrate under section 145, Criminal P. C.   It is clear from the record that the petitioners are in possession of the water-mills and the trial Magistrate also came to the same conclusion. It is also not disputed that the petitioners are entitled to reconstruct the water-mills which were washed away by flood water…