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Criminal Revision No. 597 of 1973, heard on 26th May 1976.

‑‑‑ S. 439 read with S. 145‑Dispute as to possession of immovable property ‑ Question relating to title and possession already determined by civil Court‑Continuance of proceedings under S, 145, Cr. P. C., held unnecessary in circumstances.

Maqbool Ahmad II for Petitioners.

Walayat Umar and Basit Waheed for A. G. for the State.

Date of hearing: 26th May 1976.

This is a reference by the Additional Sessions Judge, Multan on the revision petition of Mst. Amina others filed by them against the order dated 24‑6‑71 of Mr. Qamauddin. Magistrate 1st Class, whereby in the proceedings under section 145, Cr. P. C. the question of possession of the property in dispute has been determined on the basis of title. It has been recommended that the order be set aside because the Magistrate was only concerned with the possession of the property in dispute at the time of the application and should have maintained status quo to avoid a breach of peace.

2. I have heard the counsel for the parties and gone through the record of the case in my view, it would not be necessary to go in detail ire this matter because pending the proceedings before the Magistrate Mst. Amina petitioner, filed a civil suit to establish her title and possession over the land through her tenants (i. e. her co‑petitioners). Her suit was dismissed. Even her appeal was dismissed by the District Judge. After failing twice in the attempt to prove title and possession, she did not file a second appeal in this Court. Since the question of her possession through tenants stood determined by the Civil Court it would, therefore, be unnecessary to continue with the proceedings under section 141", Cr. P. C. the reference is answered accordingly and the revision petition is dismissed.

Petition dismissed,

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