Amendment status not verified — confirm the current text below against the official source.
Procedure and powers of Mamlatdar’s Court.— (1) On the day fixed or on any day to which the proceedings may have been adjourned, the Mamlatdar shall, subject to ----7---- the provisions of section 15 proceed to hear all the evidence that is then and there before him, and to try the following issues, namely:— (a) If the plaintiff avers that the natural flow of surface water from his land has been impeded by any erection raised by the defendant causing damage or likelihood of damage to the plaintiffs land or to any grazing, trees or crops thereon— (i) whether surface water flowed in a defined channel or otherwise, naturally or customarily from plaintiff‟s land on to the defendant‟s land; (ii) whether the defendant erected any impediment to such flow, otherwise than under due authority of law; (iii) whether the suit was filed within the time allowed by sub-section (3) of section 4; (iv) whether such impediment has caused or is likely to cause damage to plaintiff‟s land or to any grazing, trees or crops thereon; (b) If the plaintiff avers that he has been unlawfully dispossessed of any property or deprived of any use — (i) whether the plaintiff or any person on his behalf or through whom he claims was in possession or enjoyment of the property or use claimed; (ii) whether the defendant is in possession at the time of the suit, and, if so, whether he obtained possession otherwise than by due course of law; (iii) whether the suit was filed within the time allowed by sub-section (3) of section 4; (c) If the plaintiff avers that he is entitled to possession of any property or restoration of, any use by reason of the determination of any tenure or other right of the defendant in respect thereof— (i) whether the defendant is in possession of the property or in the enjoyment of the use by a right derived from the plaintiff or from any person through whom he claimed; (ii) whether the suit was filed within the time allowed by sub-section (3) of section 4; (iii) whether the defendant is other than a person who has been a former owner or part-owner within a period of twelve years before the institution of the suit of the property or use claimed, and other than the legal representative of such former owner or part-owner. (d) If the plaintiff avers that he is still in possession of the property or in the enjoyment of the use, but that the defendant disturbs or obstructs, or has tempted to disturb or obstruct him in his possession or use— (i) whether the plaintiff or any person on his behalf is actually in possession or enjoyment of the property or use claimed; (ii) whether the defendant is disturbing or obstructing or has attempted to disturb or obstruct him in such possession or enjoyment; (iii) whether the suit was filed within the time allowed by sub-section (3) of section 4. ----8---- (e) If the plaintiff avers that he is in possession of any agricultural land, and that the defendant has placed, or threatens to place any refuse, mining reject or other substance thereon— (i) whether the plaintiff or any person on his behalf is actually in possession or enjoyment of the land in question; (ii) whether the defendant has placed or is attempting to place any refuse, mining reject or other substance, without due authority of law; (iii) whether the suit was filed within the time allowed by sub-section (3) of section 4. (f) If the plaintiff avers that he is entitled to a right of way and that the defendant has obstructed or has encroached upon it— (i) whether the plaintiff or any person on his behalf was in beneficial enjoyment of the right of way; (ii) whether the defendant has obstructed or encroached upon it otherwise than under due authority of law; (iii) whether the suit was filed within the time allowed by sub-section (3) of section 4. (g) If the plaintiff avers that he has been deprived of any right to use or take water for purposes of irrigation or domestic use— (i) whether the plaintiff or any person on his behalf was in enjoyment of the right to use or take water; (ii) whether the defendant has deprived the plaintiff of such right otherwise than under due authority of law; (iii) whether the suit was filed within the time allowed by sub-section (3) of section 4. (2) The Mamlatdar may, after due notice to, and in the presence of the parties, summon and examine as a witness any person who has not been summoned or produced, and may call for and cause to be proved any document which has not been applied for or produced, by either of the parties, where he considers it expedient in the interests of justice so to do, and may, if he thinks fit, make a personal inspection of the property in dispute in the presence of, or after due notice to, the parties. He shall after hearing the parties if present record on the spot without unnecessary delay a memorandum of any relevant facts observed at such inspection. The memorandum shall form part of the record of the case. (3) The Mamlatdar shall make or cause to be made a memorandum of the substance of the evidence of each witness as the examination of the witness proceeds. The memorandum shall be signed by the Mamlatdar, read over or explained to the witness and his signature obtained thereon. (4) Where the Mamlatdar‟s finding upon the issues for which he shall briefly record his reasons, is in favour of the plaintiff, he shall make such order, as the circumstances of the case appear to him to require, and where his finding is in favour of the defendant, he shall dismiss the suit. In either case the costs of the suit including the costs of execution shall follow the decision except in special circumstances for reasons to be recorded in writing by the Mamlatdar. ----9----