Law: Criminal Procedure Code (V of 1898)

Section: 145(4)

(a) Criminal Procedure Code (V of 1898)------   ----S. 145 (4)-Dispute about land jointly owned by several co-owners-Magistrate cannot decline to act on the ground that parties had a right to joint possession of land-One co-owner in actual possession to exclusion of others-Magistrate must determine question of actual possession under S. 145-Question of "right" to possess, beyond Magistrate's jurisdiction to enquire into-"Possession follows title", when to be resorted to, to decide question of actual possession:   In a dispute concerning land, the Magistrate found that it was a case of joint property in the joint possession of owners and that section 1.45, Cr. P. C. was not attracted. He, therefore, declined to act under that section:   Held, that the view of the Magistrate that the land was jointly owned by several persons who had a right to its joint possession, he had no jurisdiction to initiate proceedings under section 145, Criminal P. C., for the dispute was between co-owners, and was, therefore, not contemplated by the section was incorrect. On being satisfied that a dispute exists concerning land, the Magis trate at once acquires jurisdiction to enquire into the fact of actual possession, though he cannot consider the question whether the parties have a right to possession jointly or have a title to separate possession. If the Magistrate finds that one of the parties was in actual possession on the date of the preliminary order, or within two months next before the date of that order and has been forcibly or wrongfully dispossessed, he must uphold the possession of the person in actual possession of the property, irrespective of the rights of the parties. Even in cases where one co-owner is in fact in actual possession of the joint property to the exclusion of other co-owners, an order can be passed upholding his possession as against other co. owners who may be entitled to joint possession, but in fact are not in possession of the property.   The words "without reference to the merits of the claims of any such parties to a right to possess" in subsection (4) of section 145 show that the Magistrate…