Law: Criminal Procedure Code (V of 1898)

Section: 145(4),146(1)

(a) Criminal Procedure Code (V of 1898)-----   ----Ss. 145(4), 146(1)-Dispute in respect of immovable property-Attachment and appointment of Receiver-Possession of party for over two months from date of preliminary order established-Magistrate has no jurisdiction to enter into question of title and continue proceedings.   Ch. Muhammad Srddiq v. Sahibaada Sahibyar Khan P L D 1963 B J 26; Debendra Chandra Sarkar v. Khodaram Sangma P L D 1951 Dacca 59; Sh. Shaukatali v. The State P L D 1965 Lah. 312; Ghulam Mustafa v. Abdul Karim and others P L D 1964 Lah. 9 and Zain Khan v. Muhammad Jamil P L D 1967 Pesh. 137 rel.   (b) Criminal Procedure Code (V of 1898)-----   ---Ss. 145, 146--¬Object of attachment of property under S. 146-Maintenance of status quo by keeping property custodia legis for preventing breach of peace-Order of attachment and appointment of Receiver without making any enquiry as to possession of parties-Held, without jurisdiction.   Mohibullah v. Usman Khan P L D 1967 Pesh. 311; Anwarullah Meah v. Muhammadun Nabi Chowdhury P L D 1967 Dacca 542 and Muhammad Ishaque Chowdhury v. Nur Mahal Begum and others P L D 1961 S C 426 rel.   Fakhruddin Pirzada for Appellant.   M. A. Farani for Respondent.   M. M. Bhatti for the State. JUDGMENT The dispute in this matter is with regard to Khokha No. 33-A situate on what is alleged to be Wakf Property in the Town of Bahawalpur. The reference dated 28th May 1967 by the learned S. J. Bahawalpur arises on of the following facts. On the 6th May 1967 Abdul Ghafoor who is alleged to be the owner of the Khokha made an application to the Thana Kotwali that Nawab Din had become a share-holder in the Khokha and had entered into tile possession of it four or five months previously and did not permit Abdul Ghafoor to enter the Khokha. On the basis of this application the S. H. O. of the Thane filed a report before the learned 1st Class Magistrate Mr. Muhammad Feroze Ahmad that there was likelihood of a breach of the peace between the parties owing to the dispute over this Khokha and request that action under section 145, Cr. P. C. be taken and the Khoklla be attached. On the same day the…

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