(1.) PROCEEDINGS Under Section 145 of the Code of Criminal Procedure (hereinafter referred to as the Code) were instituted in the Court of Executive Magistrate, Narwana against Basanta and others respondent-party No. 1. and Sishu and others-respondent party No, 2. In the police report, it was mentioned that there was serious dispute between the parties about possession over some agricultural land and there was likelihood of breach of peace. The learned Magistrate issued notice to the parties under Sec, 145 (1) of the Code. In compliance of the notice, the parties appeared. Some affidavits and documents were filed. On 6-11-1979' the learned Magistrate passed the following impugned order : Whereas it has been reported by the police Uchana that there does exist a dispute likely to cause breach of peace between, the parties mentioned above, respecting the land bearing Killa Nos. 114/1/2, 2, 3, 8, 9, 10; 11, 12, 13, 18, 19,, 20, 158//10, 11, 20, 21, 159//6/2 7/2, 14, 15, 16, 17, 24, 25, 344, 408/1, 55//22/4/ measuring 184 kanals 7 marlas situated in the revenue estate of village Surbura Tehsil Narwana, District Jind, within my local jurisdiction and whereas I am satisfied that the dispute over the possession of the land is likely to cause a breach of peace. Notice was already given to the parties for the respective claims and counter-claims.
(2.) I am of the opinion that the case is one of the emergency and none of the party is able to satisfy as to which of them is in such possession of subject of the disputed land.
(3.) THERE is a great; tension and both the parties are likely to create breach of peace and finding no alternative, I hereby attach the disputed land until a competent Court has determined the right of the parties thereto with iegard to person entitled to the possession thereof.