Power To Attach Subject Of Dispute And To Appoint Receiver
Code:
This section of the BNSS deals with the attachment of property in cases of disputes where there is a risk of breach of peace.
- Emergency Attachment:
- If the Magistrate, after making the order under sub-section (1) of section 164, considers the case to be one of emergency, or if he determines that none of the parties was then in possession as referred to in section 164, or if he cannot ascertain which party was in possession of the subject of dispute, he may attach the subject of dispute until a competent Court has determined the rights of the parties regarding possession.
- Provision: The Magistrate may withdraw the attachment at any time if he is satisfied that there is no longer any likelihood of a breach of the peace concerning the subject of dispute.
- Arrangements for Property:
- When the Magistrate attaches the subject of dispute, he may, if no receiver related to the subject of dispute has been appointed by any Civil Court, make arrangements for looking after the property or appoint a receiver thereof.
- Receiver’s Authority: The appointed receiver shall have, subject to the control of the Magistrate, all the powers of a receiver appointed under the Code of Civil Procedure, 1908.
- Subsequent Appointment by Civil Court:
- If a receiver is subsequently appointed in relation to the subject of dispute by any Civil Court: (a) The Magistrate shall order the receiver appointed by him to hand over possession of the subject of dispute to the receiver appointed by the Civil Court and shall thereafter discharge the receiver appointed by him. (b) The Magistrate may make such other incidental or consequential orders as may be just.
Explanation:
This section grants the Magistrate the power to attach property involved in a dispute, under specific circumstances:
- Emergency: When the Magistrate believes the situation demands immediate action to prevent a breach of peace.
- Indeterminate Possession: If the Magistrate is unable to determine who is in rightful possession of the property.
The Magistrate can also appoint a receiver to manage the property, subject to their control.
Illustration:
Imagine a property dispute between two neighbors over a boundary wall. The Magistrate, observing heightened tensions and potential for violence, might deem the situation an emergency and order the attachment of the disputed wall. They may also appoint a receiver to manage the wall until a civil court resolves the dispute.
Common Questions and Answers: on Power To Attach Subject Of Dispute And To Appoint Receiver
Q: Can the Magistrate attach any property?
A: No, the attachment is only possible in cases where the Magistrate believes there is a risk of a breach of peace related to the property in dispute.
Q: What happens to the property while it is attached?
A: The Magistrate appoints a receiver to manage the property and ensure its preservation until a civil court determines the rightful owner.
Q: How long can the attachment last?
A: The attachment remains in effect until a competent court determines the rights of the parties and decides on the rightful possession of the property.
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