AI Structured Summary
Not yet generated for this judgment
Judgment
Somasundaram, J.—u/s 145, Clause (4), Cr. P. C. the Ct. has a right to attach the property in dispute & under Sub-clause (8) of Section
145, Cr. P. C. if the Mag. is of opinion that any crop or other produce of the property, the subject of dispute is subject to speedy � natural
decay, he may make an order for the proper custody or sale of such property & after the completion of the enquiry he may make such order as to
the disposal of such property as he thinks fit.
Now, in this case the learned Mag. was perfectly justified in attaching the property in dispute as he considered this case as one of emergency.
But it is contended for the petnr. that the Tahsildar through whom the property was attached has no right to lease the land nor has the Ct. power to
lease it out pending disposal of the proceedings u/s 145, Cr. P. C.
As pointed out by Sankaran Nair J. in Srinivasa Pillai v. Sathayappa Pillai, 14 I. C. 759 : 13 Cri. L. J. 295 Mad., the Receiver or Officer
appointed u/s 145 (4) , Cr. P. C., has not got the same powers as receiver u/s 146, Cr. P.C. In the latter case, he has all the powers of a receiver
appointed under Civil P. C. but in the former case his powers are limited & they are restricted to the taking into custody of what is on the land &
disposing it of under the orders of the Mag. There can, therefore, be no leases by the Tahsildar appointed to attach the land. But it is open to him
to take security from those who are willing to cultivate the land & the security can be taken from those who are willing to give highest security.
Whoever cultivates the land after giving such security does so under orders of Ct. & will abide by the orders of Ct.
With these observations, the criminal revision petn. is dismissed.