Machine-translated by Google. Questions are authored in English.
Top

Discussion

Any dispute relating to possession of immovable property is decided by

  • A.Judicial Magistrate
  • B.Executive Magistrate
  • C.Civil Judge, Senior division
  • D.None of them

Answer: B

Such a dispute is decided by the Executive Magistrate.

Section 145 Cr.P.C. empowers an Executive Magistrate, when satisfied that a dispute concerning land or water is likely to cause a breach of the peace, to inquire and decide which party was in actual possession, and to maintain that party in possession until evicted by due course of law.

The proceeding is preventive, aimed at keeping the peace, so it lies with the Executive Magistrate and not a Judicial Magistrate. Questions of title belong to the civil courts, but the Civil Judge does not act under Section 145.

No comment is present. Be the first to comment.
Loading…

Post your comment

Please log in or register to post a comment.