Disputes concerning rights of use of immovable property, etc

Disputes concerning rights of use of immovable property, etc.-(1) Whenever any [Chief Judicial Magistrate, or any other Judicial Magistrate of the first class] is satisfied, from a police report or other information, that a dispute likely to cause a breach of the peace exists regarding any alleged right of usr of any land or water as explained in section 145, sub-section (2) (whether such rights be claimed as an easement or otherwise), within the local limits of his jurisdiction, he may make an order in writing stating the grounds of his being so satisfied and requiring the parties concerned in such dispute to attend the Court in person or by pleader within a time to be fixed by such Magistrate and to put in written statements of their respective claims, and shall thereafter inquire into the matter [in the manner hereinafter provided]: Provided that where the dispute likely to cause a breach of peace concerns any land as defined in the [Jammu and Kashmir Agrarian Reforms Act,1976,] the powers under this section shall be exercisable by the District Magistrate or an Executive Magistrate of the first class in the same manner as they are exercisable by a Judicial Magistrate].

[(1-a) the Magistrate shall then pursue the statements so put in, hear the parties, receive all such evidence as may be produced by them respectively, consider the effect of such evidence, take such further evidence, if any, as he thinks necessary and, if possible decide whether such right exists and the provisions of section 145 shall, as far as may be, applicable in the case of such inquiry].

1. (2) If it appears to such Magistrate that such right exists, he may make an order prohibiting any interference with the exercise of such right: Provided that no such order shall be made where the right is exercisable at all times of the year, unless such right has been exercised within three months next before the institution of the inquiry, or where the right is exercisable only at particular seasons or on particular occasions, unless the right has been exercised during the last of such seasons or on the last or such occasions before such institution.
2. (3) If it appears to such Magistrate that such right does not exist, he may make an order prohibiting any exercise of the alleged right.
3. (4) An order under this section shall be subject to any subsequent decision of a Civil Court of competent jurisdiction.