Section 145 in English or Urdu

Section 145 in Pakistan

(1)  Whenever an Executive Magistrate is satisfied from a document of a police officer or upon different facts that a dispute possibly to purpose a breach of the peace exists regarding any land or water or the boundaries thereof, inside his nearby jurisdiction, he shall make an order in writing, pointing out the grounds of his being so glad, and requiring the parties involved in such dispute to attend his Court in individual or via pleader, on a unique date and time, and to put in written statements in their respective claims as respects the truth of real possession of the subject of dispute.


(2) For the functions of this segment, the expression “land or water” consists of buildings, markets, fisheries, crops, or different produce of the land and the rents or profits of one of these properties.


(3) A replica of the order will be served inside the way supplied by way of the Code for the carrier of a summons upon such man or woman or folks because the Magistrate may additionally direct, and as a minimum, one copy shall be posted with the aid of being affixed to a few conspicuous locations at or near the problem of dispute.


(4) The Magistrate shall then, without connection with the deserves or the claims of any of the parties, to a right to possess the subject of dispute, peruse the statements so put in, listen to the parties, acquire all such evidence as may be produced by using them, take such similar evidence, if any as he thanks essential, and, if possible, decide whether and which of the events turned into, on the date of the order made by him beneath Sub-Section (1), in possession of the subject of dispute;

Provided that if it seems to the Magistrate that any celebration has been forcibly and wrongfully dispossessed within months subsequent before the date on which the report of a police officer or different statistics was received with the aid of the Magistrate, or after that date and before the date of his order under Sub-Section (1), he may treat the party so dispossessed as though that birthday party had been in ownership at the date of his order underneath Sub-Section (1).


(5) Nothing in this segment shall preclude any celebration so required to attend, or any other person involved, from showing that no such dispute as aforesaid exists or has existed; and in such case the Magistrate shall cancel his stated order, and all in addition proceedings thereon shall be stayed, however, situation to such cancellation, the order of the Magistrate beneath Sub-Section (1) will be final.

—(6)

(A) If the Magistrate makes a decision that one of the parties turned into, or needs to below the proviso to Sub-Section (4) be handled as being, in such ownership of the said difficulty, he shall issue an order affirming such birthday party to be entitled to ownership thereof until evicted therefrom in due path of law, and forbidding all disturbance of such ownership till such eviction; and while he proceeds beneath the proviso to Sub-Section (four), may additionally restore to possession the celebration forcibly and wrongfully dispossessed.

(B) The order made under this Sub-Section will be served and posted inside the way laid down in Sub-Section (3).


(7) When any celebration to any such intending dies, the Magistrate may additionally reason the criminal consultant of the deceased birthday celebration to be made a celebration to the intending and shall thereupon maintain the inquiry, and if any question arises as to who the prison consultant of a deceased birthday celebration for the purposes of such proceeding is, all individuals claiming to be representatives of the deceased birthday celebration shall be made events thereto.


(8) If the Magistrate thinks that any crop or different produce of the property, the situation of dispute in a proceeding below this segment pending earlier than him, is challenged to fast and herbal decay, he may additionally make an order for the proper custody or sale of such properly, and, upon the finishing touch of the inquiry, shall make such order for the disposal of such property, or the sale-proceeds thereof, as he thinks suit.


(9) The Magistrate can also, if he thinks healthy, at any stage of the complaints below this phase, on the application of both birthday celebrations, issue a summons to any witness directing him to wait or to supply any report or issue.


(10) Nothing in this phase will be deemed to be in derogation of the powers of the Magistrate to continue beneath phase 107.

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