Law: Criminal Procedure Code, 1898

Section: S.145(8)

Criminal Procedure Code (V of 1898),  S. 145 (8)-Magistrate may appoint Receiver for custody of crops or produce of disputed land before or during inquiry.   Under the provisions of subsection (8) of section 145 of the Criminal Procedure Code, 1898, the Magistrate concerned may at any time before the inquiry is made, or while it is being made, pass an order appointing a receiver for the proper custody of-any crop or produce of the disputed land. Date of hearing: 5th December 1960.     JUDGMENT   This is Jassumal's application under section 439, Cr. P. C. against the order passed by Mr. Moini, Assistant Commissioner and S. D. M. Shahdadpur on 1st of October 1960.   The, case of the applicant is that the disputed land had been bequeathed to him byhis brother Kodumal, who had died on 11th of February 1952 and had been in his (applicant's) possession throughout. Some time after the death of Kodumal, the authorities concerned were moved by the persons interested to declare that Kodumal's property including the disputed land was evacuee property. The Custodian of Evacuee Property, however, decided on the 12th of December 1957, holding that the said property was not evacuee property, and Kodumal had rightly transferred it to the applicant.   Against this decision, the Central Government filed a reference under section 43-Aof the Evacuee Property Act, before the Evacuee Properties Enquiries Tribunal, Karachi, which upset the decision of the Custodian. Thereupon the applicant went in appeal to the Supreme Court. The Supreme Court granted special leave to appeal, and passed an order suspending the operation of the decision of the Tribunal.   On the 24th of September 1960, Maqsood ul Haq, respondent No. 2, made an application to the Deputy Commis sioner, Sanghar, in this application, among other things, he alleged that the land in dispute which originally belonged to Seth Kodumal deceased, had been allotted to his mother. Mst. Humairan Khatoon against her verified claim on the 28th of November 1959, and that the possession of the same had been delivered to him on behalf of his mother on the 2nd of December 1959. On…