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Form No. 25 of Code of Criminal Procedure

Form No. 25

Magistrate's Order declaring party entitled to retain possession of Land, etc., in dispute

See section 145

It appear to me, on the grounds duly recorded, that a dispute, likely to induce a breach of the peace, existed between __________ (describe the parties by name and residence, or residence only if the dispute be between bodies of villagers) certain __________ (state concisely the subject of dispute), situate within my local jurisdiction, all the said parties were called upon to give in a written statement of their respective claims as to the fact of actual possession of the said __________ (the subject of dispute), and being satisfied by due inquiry had thereupon, without reference to the merits of the claim of either of the said parties to the legal right of possession, that the claim of actual possession by the said __________ (name or names or description) is true, I so decide and declare that he is (or they are) in possession of the said __________ (the subject of dispute) and entitled to retain such possession until ousted by due course of law, and do strictly forbid any disturbance of his (or their) possession in the meantime.

Dated, this __________ day of __________, 20 __________

(Seal of the Court)

(Signature)

 

 

Form No. 26 of Code of Criminal Procedure

Form No. 26

Warrant of attachment in the case of a dispute as to the possession of Land, etc.

See Section 146

To the Officer in charge of the Police Station at __________

(or, To the Collector of __________)

WHEREAS it has been made to appear to me that a dispute likely to induce a breach of the peace existed between __________ (describe the parties concerned by name and residence, or residence only of the dispute be between bodies of villagers) concerning certain __________ (state concisely the subject of dispute) situate within the limits of my jurisdiction, and the said parties were thereupon duly called upon to state in writing their respective claims as to the fact of actual possession of the said __________ (the subject of dispute), and whereas, upon due inquiry into the said claims, I have decided that neither of the said parties was in possession of the said __________ (the subject of dispute) (or I am unable to satisfy myself as to which of the said parties was in possession as aforesaid);

This is to authorised and require you to attach the said __________ (the subject of dispute) by taking and keeping possession thereof, and to hold the some under attachment until the decree or order of a competent Court determining the rights of the parties, or the claim to possession, shall have been obtains, and to return this warrant with an endorsement certifying the manner of its execution.

Dated, this __________ day of __________, 20 __________

(Seal of the Court)

(Signature) 

 

Form No. 27 of Code of Criminal Procedure

Form No. 27

Magistrate's Order prohibiting the doing of anything on Land or Water

See section 147

A DISPUTE having arisen concerning the right of use of __________ (state concisely the subject of dispute) situate within my local jurisdiction, the possession of which land (or water) is claimed exclusively by __________ (describe the person or persons), and it appears to me, on due inquiry into the same, that the said land (or water) has been open to the enjoyment of such use by the public (or if by individual or a class of persons, describe him or them) and (if the use can be enjoyed throughout the year) that the said use has been enjoyed within three months of the institution of the said inquiry (or if the use is enjoyable only at a particular season say, "during the last of the seasons at which the same is capable of being enjoyed");

I do order that the said __________ (the claimant or claimant of possession) or any one in their interest, shall not take (or retain) possession of the said land (or water) to the exclusion of the enjoyment of the right of use aforesaid, until he (or they) shall obtain the decree or order of a competent Court adjudging him (or them) to be entitled to exclusive possession.

Dated, this __________ day of __________, 20 __________

(Seal of the Court)

(Signature)

 

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