Section 146: Power to attach subject of dispute

(1) If the Magistrate decides that none of the parties was then in such possession, or is unable to satisfy himself as to which of them was then in such possession of the subject of dispute, he may attach it until a competent Court has determined the rights of the parties thereto, or the person entitled to possession thereof : [Provided that [* * * *] the Magistrate who has attached the subject of dispute may withdraw the attachment of any time if he is satisfied that there is no longer any likelihood of a breach of the peace in regard to the subject of dispute.] (2) When the Magistrate attaches the subject of dispute, he may, if he thinks fit [and if no receiver of the property, the subject of dispute, has been appointed by any Civil Court] appoint a receiver thereof, who, subject to the control of the Magistrate, shall have all the powers of a receiver appointed under the [Code of Civil Procedure, 1908] [(V of 1908)]: [Provided that, in the event of a receiver of the property, the subject of dispute, being subsequently appointed by any Civil Court, possession shall be made over to him by the receiver appointed by the Magistrate, who shall thereupon be discharged.]

Effective date: 1898-07-01

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