Law: Criminal Procedure Code, 1898

Section: S. 135 (4)

(a) Criminal Procedure Code (V of 1898),------   ------ S. 135 (4) proviso- Megistrate may attach subject of dispute pending decision.   (b) Criminal Procedure Code (V of 1898)----   ----, S. 145 (8) Magistrate may make order for proper custody or sale of property in case it is subject to speedy and natural decay and may appoint receiver-Not empowered to order delivery of possession of property in dispute to any of parties before final order.   (c) Criminal Procedure Code (V of 1898)---   --- S. 145 -Magistrate may pass preliminary order before summoning parties   ORDER OF REFERENCE BY DISTRICT MAGISTRATE   The Narang police reported to the Ilaqa Magistrate that there was great probability of breach of peace concerning agricultural land situated in village Narang. The facts of the case briefly are that one Haveli owner of a certain land situated in village Narang. Tehsil Shahdara died in 1927 without any mate-issue He prior to his death had, however, mutated his entire land in favour of his wife Mst. Nawab Bibi, who in turn had mutated the land in favour of her daughter Mst. Rabia Bibi. Mts. Nawab Bibi died in 1957. After her death one Mst. Karam Bibi instituted a suit for possession of the land on the ground that she being the sister of Haveli, was entitled to a certain share of the land in dispute. Her claim was established by the Civil Court to the extent of 5/24th of the land. The litigation, is, however, pending before the High Court. Mst. Karam Bibi was given symbolical posses sion of her share of land in execution of the decree passed by the Civil Court in her favour.   It was also reported by the police that Barkat Ali, Fateh Muhammed and Safdar Ali sons of Mst. Karam Bibi had forcibly taken into their possession 8 acres of land bearing khasra Nos. 430, 432, 437 and 438. Due to the imminent danger of breach of peace the Ilaqa Magistrate Mr. Saeed Ahmad, Magistrate Ist Class. Sheikhupura pissed an order under section 145, Criminal Procedure Code on 4-8-60, that the parties should present their respective claims on 6-9-60 and that the land in dispute should remain in possession of Mst. Nawab Bibi till further…