Section 165 of BNSS : Section 165: Power to attach subject of dispute and to appoint receiver.

Explanation using Example

Example 1:

Scenario: Dispute over Agricultural Land

Ramesh and Suresh are neighbors in a village in Maharashtra. They both claim ownership of a piece of agricultural land that lies between their properties. The dispute escalates, and there is a risk of physical confrontation between their families.

Application of Section 165:

1. The local Magistrate, after issuing an order under Section 164 to maintain peace, realizes that the situation is an emergency and there is a high likelihood of violence.
2. The Magistrate is unable to determine who is in actual possession of the land.
3. To prevent any breach of peace, the Magistrate orders the attachment of the disputed land.
4. The Magistrate appoints a local government official as a receiver to manage the land until a competent Civil Court can determine the rightful owner.
5. The receiver ensures that the land is maintained and any produce from the land is accounted for.
6. Later, if a Civil Court appoints a different receiver, the Magistrate orders the initial receiver to hand over possession to the new receiver and discharges the initial receiver.

Example 2:

Scenario: Dispute over a Commercial Property

Two business partners, Anil and Sunil, have a falling out and both claim ownership of a commercial property in Delhi. The dispute leads to a heated argument, and there is a potential for a vio...

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