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Old Friday, October 11, 2013
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A magistrate can excercise powers to control dispute over possession of an immovable property which is likely to cause breach of peace on police report or other information.
There r some essentials for exercising that power.
1. That there must be exsistence of a dispute between the parties.
2. satisfaction of the magistrate about the dispute which likely to cause breach of peace.
3. The dispute must b related to the land.
4. that land must b with in the jurisdiction
and then magistrate will state the grounds of satisfaction and then the parties concerned will be called upon.
that will be served in a manner of summon to those persons as the magistrate may direct.
and it will also affixed near the disputed property.

The powers which can b exercised by magistrate are

1. Determine the fact of actual possession.
2. Hear the parties
3. receiving of evidence
4. decision as to possession
5. During inquiry the magistrate have also the power to attach the property
6. Attachment creates obligation to take care of tht property so magistrate has also the power to appoint receiver
7. before commencement of inquiry magistrate has power to add parties
8. declaration of entitlement of possession.

The magistrate may restore possession to the party who is forcibly or wrongfully dispossessed within 2 months next before date of order.
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