# Fight over land? Section 145 is not a title suit.

> Under section 145 CrPC the Magistrate decides only who was in actual possession, without reference to the merits of any claim to possess. The Supreme Court has held that a dispute alone is not enough: there must be material showing an imminent danger to the peace (2024 SCMR 136).

- Topic: Courts and procedure
- For: Advocates
- A 12-slide carousel: https://failegal.site/media/fight-over-land-section-145-is-not-a-title
- Published by FAI Legal on 2026-10-22

## Myth or fact?

What clients often think.

- **Myth: Under s.145 the Magistrate decides who owns the land.**
- **Fact: He decides who was in possession, without reference to the merits of any claim to a right to possess (s.145(4)).**

## The law.

Section 145(1), CrPC.

> "Whenever a 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 concerning any land or water or the boundaries thereof ... he shall make an order in writing, stating the grounds of his being so satisfied ..." (Code of Criminal Procedure, 1898 · Section 145(1))

## Four conditions.

2022 PCrLJ 821, Peshawar High Court.

- **A dispute** A real dispute between the parties.
- **Breach of peace** Likely to cause a breach of the peace.
- **Land or water** Includes buildings, markets, crops and rents (s.145(2)).
- **Two months** Dispossession, if alleged, within two months before the order.

## A dispute is not enough.

2024 SCMR 136, Supreme Court.

- **Imminent danger** There must be material showing an imminent danger of a breach of the peace.
- **Section 107 first** Not justified if s.107 CrPC can prevent the breach.
- **No title** The Magistrate cannot decide title or the lawfulness of possession.

## The two-month rule.

First proviso, section 145(4).

- **The rule** A party forcibly and wrongfully dispossessed within two months before the order may be treated as in possession.
- **Restore** The Magistrate may restore that party (s.145(6)).
- **Proof** No specific date of dispossession: the complaint failed (2019 PLD 230).

## Quick quiz. No clear possession.

Guess first, then swipe for the answer.

- **A. Decide title himself**
- **B. Attach it till a competent court decides**
- **C. Close the file**

## Answer: B. Section 146.

Attachment and a receiver.

- **Attach** Until a competent Court has determined the rights of the parties (s.146(1)).
- **Receiver** He may appoint one, if no Civil Court has (s.146(2)).
- **Emergency** He may attach at any time pending decision (s.145(4), second proviso).

## The civil court has the last word.

2026 PLD 134, Federal Constitutional Court.

- **Temporary** A s.145 order is temporary, only while the danger to peace lasts.
- **Civil suits** With suits pending, the Civil Court would regulate possession.
- **Result** Leave to appeal was refused.

## How it runs.

Three stages, in this order.

- **Order** A written order with grounds, calling statements on actual possession.
- **Inquiry** Statements, hearing and evidence on possession only.
- **Decision** A declaration (s.145(6)) or attachment (s.146).

## Possession brief?

Ask FAI. It answers with the exact clause and the judgments behind it.

- **Is a complaint under section 145 CrPC maintainable when a civil suit is pending?**
- **Draft a written statement on actual possession in section 145 CrPC proceedings.**

## Sources

- Code of Criminal Procedure, 1898 · Section 145(1): Procedure where dispute concerning land, etc., is likely to cause breach of peace

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Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review.

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