Law:

Section:

Criminal Procedure Code (Y of 1898 -- Ss. 145 & 439 Dispute over possession of immovable property ¬Case in which Civil Court already seized of subject matter of dispute and having passed order regulating possession thereof Held, falls outside jurisdiction of Magistrate under S. 145 Order of High Court passed in revision, contrary to such order of Civil Court in con¬nection with proceedings under S. 145 Held, cannot be sustained. Shah Muhammad v. Haq Nawaz P 1. D 1970 S C 470 ref. ORDER NASIM HASAN SHAH, J. This is a petition for leave to appeal against the order of the Lahore High Court, dated 27th April, 1977, directing the restoration of possession of a piece of land to respondents 2 to 4 under the provisions of section 145, Cr. P. C. 2. The facts which form the background, briefly stated, are as follows Respondents 2 to 4, as partners of a Firm titled Hassan Din and Company, obtained a piece of land comprising Khasra Nos. 319, 323, 325 and 328, measuring 24 kanals 5 marlas, situated in Kot Dhoni Chand. Tehsil and District Lahore, from its owners Messrs Ghulam Farid and Noor Muhammad, in 1963, on ten years lease for the purpose of a brickkiln. (For facility of reference, the respondents and the owners shall be referred to as the "first lessees" and the "lessors", respectively). On the expiration of the lease the "first lessees" were desirous of obtaining extension of the lease, while the "lessors" were not inclined to extend it. A dispute arose in this connection and the "lessors" claim to have resumed possession of their land. However, the "first lessees" took steps to reenter into possession. The "lessors", therefore, instituted a suit for permanent injunction to restrain the "first lessees" from interfering with their possession. In pursuance of the above suit an interim order of status quo was issued in favour of the "lessors" on 31 7 1975 by Mr. Abdul Salam Khawar, Civil Judge, Lahore. A counter suit; however was filed by the "first lessees" claiming to be in possession and seeking to restrain the "lessors" from interfering in their business. The "first lessees" were also granted a status quo order in pursuance of this suit on 5 8 1975. The "first…

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