Procedure where dispute concerning land or water is likely to cause breach of peace.

What this section does

When an Executive Magistrate is satisfied that a dispute likely to cause a breach of the peace exists concerning any land or water (including buildings, markets, fisheries, crops, rents, or profits) within his jurisdiction, he shall make a written order requiring the parties to attend and submit written statements of their claims as to actual possession. The Magistrate shall then hear parties, receive evidence, and decide which party was in possession at the date of the order under sub-section (1), without reference to the merits of any right to possess; a party forcibly and wrongfully dispossessed within two months before the Magistrate received information may be treated as if in possession. If possession is determined, the Magistrate issues an order declaring that party entitled to possession until evicted by due course of law.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors

Executive Magistrate · Police officer · Parties to the dispute · Advocate · Witnesses

Time limit

Dispossession within two months before receipt of information is relevant for the proviso to sub-section (4)

Derived from CrPC s.145.