(6) Party in possession to retain possession until legally evicted. If the Magistrate decides that one of
the parties was 1[or should under the first proviso to subsection (4) be treated as being] in such possession
of the said subject, he shall issue an order declaring such party to be entitled to possession thereof until
evicted therefrom in due course of law, and forbidding all disturbance of such possession until such eviction
1[and when he proceeds under the first proviso to subsection (4), may restore�� to possession the party
forcibly and wrongfully dispossessed].
2[(7) When any party to any such proceeding dies, the Magistrate may cause the legal representative of
the deceased party to be made a party to the proceeding and shall thereupon continue the inquiry, and if any
question arises as to who the legal representative of a deceased party for the purpose of such proceeding is,
all persons claiming to be representatives of the deceased party shall be made parties thereto.]
3[(8) If the Magistrate is of opinion that any crop or other produce of the property, the subject of dispute
in a proceeding under this section pending before him, is subject to speedy and natural decay, he may make
an order for the proper custody or sale of such property, and, upon the completion of the inquiry, shall make
such order for the disposal of such property , or the saleproceeds thereof, as he thinks fit.
(9) The Magistrate may, if he thinks fit, at any stage of the proceedings under this section, on the
application of either party, issue a summons to any witness directing him to attend or to produce any
document or thing.
(10) Nothing in this section shall be deemed to be in derogation of the powers of the Magistrate to
proceed under section 107.]
146. Power to attach subject of dispute.__(1) If the Magistrate decides that none of the parties was
then in such possession, or is unable to satisfy himself as to which of them was then in such possession of
the subject of dispute, he may attach it until a competent Court has determined the rights of the parties
thereto, or the person entitled to possession thereof :
4[Provided that 5* * * the Magistrate who has attached the subject of dispute may withdraw the
attachment of any time if he is satisfied that there is no longer any likelihood of a breach of the peace in
regard to the subject of dispute.]
(2) When the Magistrate attaches the subject of dispute, he may, if he thinks fit 4[and if no receiver of
the property, the subject of dispute, has been appointed by any Civil Court] appoint a receiver thereof, who,
subject to the control of the Magistrate, shall have all the powers of a receiver appointed under under the
6[Code of Civil Procedure, 1908] :
1 Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 28.
2 Subs. ibid., for the original subsection (7).
3 Subsections (8), (9) and (10) ins. ibid.
4 Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 29.
5 Omitted by Ord. 37 of 2001, ss. 4748 (w.e.f. 1482001).
6 Subs. by the Law Reforms Ordinance, 1972, (12 of 1972), s.2 and Sch., for “Code of Civil Procedure”.
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