Affrays, Bengal Act, 1840, 4 of 1840 (Rep., Act 17 of 1862)

Section II. And it is hereby enacted, that whenever any Magistrate or other Officers exercising the powers of a

Repealed or not in force · As amended up to 2026-08

II. And it is hereby enacted, that whenever any Magistrate or other Officers exercising the powers of a Magistrate may be certified that a dispute likely to induce a breach of the peace exists concerning any Land, Premises, Water, Fisheries, Crops, or other produce of Land, within the limits of his jurisdiction, he shall record a Proceeding, stating the grounds of his being so certifies, and shall call on all parties Concerned in such dispute (whether Proprietors, dependent Talookdars, Farmers, Under-Farmers, Ryots or other persons) to attend his Court in person, or by agent, within a reasonable time, and t ogive in a written statement of their respective claims as respects the fact of actual possession of the subjects of dispute. And the Magistrate or other Officers as aforesaid shall, without reference to the merits of the claims of any party to a right og possession, proceed to inquire what party was in possession of the subject to dispute when the dispute arose, and after satisfying himself upon that point, shall record a proceeding declaring the party whom he may decide to have been in such possession to the entitled to retain possession, until ousted by due course of Law, and forbidding all disturbance of possession until such time; and in necessary the Magistrate or other Officer as aforesaid shall put such party into possession, and maintain him in possession, until the rights of the parties disputing be determined by a competent Court.

Source: India Code