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147. Disputes concerning rights of use of immovable property, etc.

  1. (1) Whenever any District Magistrate 27[or Sub-Divisional Magistrate or an Executive Magistrate specially empowered by the Provincial Government in this behalf] is satisfied, from a police-officer 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. sub-section (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 written statement 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 for as may 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 years, 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.

 

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