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

Section V. And it is herby enacted, that if, in cases instituted under this Act, the subject of dispute be newl

Repealed or not in force · As amended up to 2026-08

V. And it is herby enacted, that if, in cases instituted under this Act, the subject of dispute be newly formed Land, whereof it shall appear to the Magistrate or other Officer as aforesaid that not party has ever had possession, the Magistrate or other Officer as aforesaid shall award possession to the party whom the right of possession belongs according to law or custom, and shall maintain that party in possession until the right to possession be determined by a competent Court.

Source: India Code