Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 185(3)--Criminal Procedure Code (V of 1898), S. 145(6)--Leave to appeal granted to examine whether Magistrate was under a statutory duty under S. 145(6), Cr.P.C. to order delivery of possession of property regardless of any defect in title of petitioner. (b) Criminal Procedure Code (V of 1898)---S. 145(4)(6), first proviso--Magistrate on satisfaction of jurisdictional requirements is required to decide "any and which of the parties was at date of order" in possession of property--Magistrate expressly precluded from examining "merits of claims of any such parties to a right to possess subject of dispute"--Magistrate, however, is empowered to determine whether any party has been forcibly and wrongfully dispossessed within two months before date of preliminary order, and if so, Magistrate could treat that party as dispossessed as if it had been in possession on such date--Jurisdiction of Magistrate is retained till an order of restoration of possession was passed where other requirements of law were satisfied--Such order was a necessary adjunct of proceedings and without that proceedings did not finally come to an end and Magistrate could not become functus officio losing seisin of matter.- (c) Criminal Procedure Code (V of 1898)-- ----S. 145(4)(6)--Finding of Magistrate that in execution of Rent Controller's order of ejectment, petitioner had been put in possession of plot in dispute and further that he had been forcibly and wrongfully dispossessed by contesting party within two months before passing of preliminary order--What Magistrate is required to do when such finding under S. 145(4), Cr. P.C. has been recorded, stated. Magistrate performed his duty completely, and it appears affording no grievance to any of the parties. It was held that in execution of Rent Controller's order of ejectment the appellant had been put in possession of the plot in dispute and further that he had been forcibly and wrongfully dispossessed by the contesting respondent within two months before the passing of the preliminary order. Subsection (6) of section 145, Cr.P.C. provides further what the Magistrate is required to do when such…

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