Section 104
Power to attach subject of dispute
If the Magistrate decides that none of the parties is then in actual possession or is unable to satisfy himself as to which of them is then in actual a possession of the subject of dispute, he may attach it until a competent civil
Court has determined the rights of the parties thereto or the persons entitled to possession thereof.
Disputes concerning rights over land or water 105.
(1)
Whenever a Magistrate is satisfied as aforesaid that a dispute likely to cause a breach of the peace exists concerning the right to do or a prevent the doing of anything in or upon any land or water, he may -
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(a)
inquire into the matter; and
(6)
if it appears to him that such right exists, make an order permitting such thing to be done or directing that such thing shall not be done, as the case may be, until the person objecting to such thing being done or claiming that such thing may be done obtains the decision of a competent civil Court adjudging him to be entitled to prevent the doing of or to do such thing, as the case may be.
(2)
No order shall be made under this section permitting the doing of anything unless -
(a)
where the right to do such thing is exercisable at all times of the year, the right has been exercised within 3 months next before the institution of the inquiry; or
(6)
where the right is exercisable only at particular seasons, the right has been exercised during the season next before such institution.