MUHAMMAD TUFAIL AND Another vs SALIM AND 2 OTHERS — 1970 PCRLJ 268

Citation: 1970 PCRLJ 268

Court: Lahore High Court

Year: 1969

Decision Date: 1969-09-17

Parties: MUHAMMAD TUFAIL AND Another vs SALIM AND 2 OTHERS

Headnotes

Case cited as 1970 PCRLJ 268

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: MUHAMMAD TUFAIL AND Another vs SALIM AND 2 OTHERS Case No.: Criminal Miscellaneous No. 4020 of 1969 Date of Judgment:1969-09-17 Reported As: 1970 P Cr. L J 268 Result: Petition dismissed Judgment ORDER A perusal of the record shows that the order challenged by petitioner was merely an excerpt from the order sheet and not tire impugned order itself which has now been perused by me. This order wits passed by the learned Magistrate after affording opportunity to the parties to adduce evidence in support of their respective claims-on the point of possession of the disputed room. After having recorded the evidence led by the parties, he was unable to satisfy himself as to, which of them was in possession of the disputed room and. Consequently in exercise of the powers vesting in him under section 146(1) of the Cr. P. C. Attached the same. The aforesaid provision reads as follows:-- "Section 146.-(1) if the Magistrate decides that none of the parties was then in such possession, or is unable to satisfy him--self as to which of them was then in such possession of the subject of dispose,, 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 tire District Magistrate or the Magistrate who has attached the subject of dispute may withdraw-the attach--ment at any time if he is satisfied that there is no longer any…

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