Law: Criminal Procedure Code (V of 1898)

Section: 145

(a) Criminal Procedure Code (V of 1899) S. 145-Possession Preponderant judicial view-Possession of tenant is possession of land lord or any person having that status. (b) Criminal Procedure Code (V of 1898) S. 145-Jurisdiction of Magistrate Person armed with a decree or stay order of civil Court in respect of disputed immovable property-Not debarred from invoking emergent powers of Magistrate under S. 145, Criminal Procedure Code in case of his forcible dispossession by another, whether or not party to civil proceedings. Ranga Raju v. Jagan Nath Rao A I R 1938 Mad. 654 ; P. V. Venugopal Mudaliar v. P. V. Neelakanta Mudaliar and others A I R 1945 Mad. 255 ; J. D. Sutherland and another v. L. Crowdy (1872) 18 W R 11 ; The Empress v. Thacoor Dyal Singh and another I L R 3 Cal. 320 ; Bulkis Bivi and another v. Nagoor Kanni Rowther A I R 1915 Mad. 1105 and Narain Das v. The Empress (1884) P R 19 ref. Dates of hearing: 4th November 1971 and 4th February 1972.                                                                                                                                   JUDGMENT This petition is directed against the order of Ch. Muhammad Salim, Magistrate First Class, Okara, dated 18th of September 1971, whereby, he passed an order under section 145, Cr. P, C, directing the restoration of the possession of the disputed land to the complainant party who are respondents Nos. 2 and 3 before me. 2. The dispute relates to certain Khasra numbers situated in village Leshari, Tehsil. Okara in the District of Sahiwal. The petitioners, Sardar Ali alias Sardara, Muhammad Ali and Niaz sons of Baqir have been shown in the revenue record as the owners of this land. The respondents Muhammad Ali and Sardara sons of Allah Dad have been shown as tenants in possession cultivating the land in dispute through one Bahawal son of Jamal who has been…