1977 (12) TMI 151 - SC - Indian Laws

SC Rules on Expedited Disposal, Clarifies Section 8 Inapplicability in Private Disputes Over Possession and Attachment.

The SC allowed the appeal, setting aside lower court orders, and remanded the case to the Magistrate for expedited disposal under Sections 145 and 146 ... - Issues:- Jurisdiction of the Magistrate under Section 145 of the CrPC in light of the Maharashtra Vacant Lands Act, 1975.Analysis:The judgment involves an appeal by special leave arising from a proceeding under Section 145 of the CrPC initiated by the respondent against the appellants regarding the possession of a disputed land containing a hotel. The Magistrate passed a preliminary order under Section 145(1) of the Code and attached the property under Section 146(1) on the same date. The Maharashtra Vacant Lands Act, 1975, came into force, prohibiting unauthorized occupation in urban areas. The Competent Authority was empowered to evict persons from such lands. The Magistrate, in his order, held that he ceased to have jurisdiction under Section 8 of the Act to proceed with the case if the respondent's claim was found true. The High Court upheld this view, leading to the current appeal.The Supreme Court found that the lower courts erred in applying the bar of Section 8 of the Act to the proceeding. The bar was not attracted to disputes between private individuals but concerned evictions by the Competent Authority. A Section 145 proceeding is primarily to prevent breach of peace and not for eviction. The proviso to Sub-section (4) of Section 145 allows treating a wrongfully dispossessed party as in possession until eviction. The Court clarified that the proceeding did not abate and should be disposed of under Sections 145 and 146 of the Code.The Court directed the Magistrate on the procedure to follow. If possession is declared for a party, the other party is forbidden from disturbing it. The Magistrate must withdraw the attachment if peace is ensured. If possession is unclear, the attachment remains until a competent court determines rights. The appeal was allowed, orders of lower courts set aside, and the case remanded to the Magistrate for expedited disposal in accordance with the judgment due to prior delays.