Section 103
Procedure where dispute concerning land etc. is likely to cause breach of peace
(1)
Whenever a Magistrate is satisfied, from a police report or other information, that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, he may make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend his Court within a time to be fixed by the Magistrate and to make oral or written statements of their respective claims as respects the fact of actual possession of the subject of dispute.
(2)
For the purposes of this section and of section 105, "land or water" includes buildings, markets, fisheries, crops or other produce of land and the rents or profits of any such property.
(3)
A copy of the order shall be served in manner provided by this Code for the service of a summons upon such person or persons as the
Magistrate directs, and at least one copy shall, if reasonably practicable, be published by being affixed to some conspicuous place at or near the subject of dispute.
(4)
The Magistrate shall then, without reference to the merits of the claims of any such parties to a right to possess the subject of dispute, peruse the statements so put in, hear the parties, receive the evidence produced by them respectively, consider the effect of such evidence, take
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a such further evidence (if any) as he thinks necessary, and if possible decide whether any and which of the parties is then in actual possession of the subject :
Provided that -
(a)
if it appears to the Magistrate that any party has, within 2
months next before the date of such order, been forcibly and wrongfully dispossessed, he may treat the party so dispossessed as if he had been in possession at such date;
(b)
if the Magistrate considers the case one of emergency, he may at any time attach the subject of dispute pending his decision under this section.
(5)
Nothing in this section shall preclude any party so required to attend from showing that no such dispute exists or has existed, and in such case, the Magistrate shall cancel the order and all further proceedings therein shall be stayed.
(6)
If the Magistrate decides that one of the parties is then in actual possession of the subject, he shall issue an order declaring such party to be entitled to retain possession thereof until evicted therefrom in due course of law, and forbidding all disturbance of the possession until the eviction.
(7)
Proceedings under this section shall not abate by reason only of the death of any of the parties thereto.