Power to attach subject of dispute and to appoint receiver
AI Assist
Summary
After making an initial possession order, if the magistrate finds an emergency, or cannot determine who was in possession, he may attach the disputed property until a competent court decides who is entitled to possession. He may withdraw the attachment if the risk of breach of the peace ends. While attached, and if no civil Court has appointed one, the magistrate can appoint a receiver with powers under the Code of Civil Procedure; if a civil Court later appoints a receiver, the magistrate’s receiver must hand over possession and be discharged.
Example
Priya and Rohan both claim a rented shop and the magistrate cannot tell who was actually in possession or fears a breach of the peace. The magistrate attaches the shop and appoints a receiver to look after it until a civil Court decides who has the right to possess. If the civil Court later names its own receiver, the magistrate’s receiver hands over the shop and is discharged.
Bare Act
Enacted text(1) If the Magistrate at any time after making the order under Sub-Section (1) of section 145 considers the case to be one of emergency, or if he decides that none of the parties was then in such possession as is referred to in section 145, or if he is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties thereto with regard to the person entitled to the possession thereof:
Provided that such Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of breach of the peace with regard to the subject of dispute.
(2) When the Magistrate attaches the subject of dispute, he may, if no receiver in relation to such subject of dispute has been appointed by any civil Court, make such arrangements as he considers proper for looking after the properly or if he thinks fit. Appoint a receiver thereof, who shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908 (5 of 1908):
Provided that in the event of a receiver being subsequently appointed in relation to the subject of dispute by any civil Court, the Magistrate-
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(a) shall order the receiver appointed by him to hand over the possession of the subject of dispute to the receiver appointed by the civil Court and shall thereafter discharge the receiver appointed by him;
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(b) may make such other incidental or consequential orders as may be just.
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