1[Provided that, in the event of a receiver of the property, the subject of dispute, being subsequently
appointed by any Civil Court, possession shall be made over to him by the receiver appointed by the
Magistrate, who shall thereupon be discharged.]
2[147. Disputes concerning rights of use of immovable property, etc.__(1) Whenever any
3[Magistrate of the First Class] is satisfied, from a policereport or other information, that a dispute likely to
cause a breach of the peace exists regarding any alleged right of user of any land or water as explained in
section 145, subsection (2) (whether such rights be claimed as an easement or otherwise), within the local
limits of his jurisdiction, he may make an order in writing stating the grounds of his being so satisfied and
requiring the parties concerned in such dispute to attend the Court in person or by pleader within a time to
be fixed by such Magistrate and to put in writing statements of their respective claims, and shall thereafter
inquire into the matter in the manner provided in section 145, and the provisions of that section shall, as far
as may be, be applicable in the case of such inquiry.
(2) If it appears to such Magistrate that such right exists, he may make an order prohibiting any
interference with the exercise of such right :
Provided that no such order shall be made where the right is exercisable at all times of the year, unless
such right has been exercised within three months next before the institution of the inquiry, or where the
right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised
during the last of such seasons or on the last of such occasions before such institution.
(3) If it appears to such Magistrate that such right does not exist, he may make an order prohibiting any
exercise of the alleged right.
(4) An order under this section shall be subject to any subsequent decision of a Civil Court of competent
jurisdiction.]
148. Local inquiry.__(1) Whenever a local inquiry is necessary for the purposes of this Chapter, 4[a
Session Judge] may depute any Magistrate subordinate to him to make the inquiry, and may furnish him with
such written instructions as may seem necessary for his guidance, and may declare by whom the whole or
any part of the necessary expenses of the inquiry shall be paid.
(2) The report of the person so deputed may be read as evidence in the case.
(3) Order as to costs. When any costs have been incurred by any party to a proceeding under this
Chapter 5* * * the Magistrate passing a decision under section 145, section 146 or Section 147 may direct
by whom such costs shall be paid, whether by such party or by any other party to the proceeding, and
whether in whole or in part or proportion. 6[such costs may include any expenses incurred in respect of
witnesses, and of pleaders' fees, which the Court may consider reasonable.]
1 Subs. by the Law Reforms Ordinance, 1972, (12 of 1972), s.2 and Sch., for “Code of Civil Procedure”.
2 Subs. by Act 18 of 1923, s. 30, for the original section 147.
3 Omitted by ord. 37 of 2001, ss. 4748 (w.e.f 14082001).
4 Subs. by ord. 37 of 2001, s. 49 (w.e.f 14082001).
5 The words “for witness, or pleader’s fees, or both”, rep. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s.31.
6 Subs. ibid., for “All costs so directed to be paid may be recovered as if they were fines”.
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