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Report No. 110

33.5. Section 194.- Section 194 reads-

"194. If the District Judge is satisfied that there is sufficient ground for believing as aforesaid but not otherwise, he shall summon the party complained of, and give notice of vacant or disturbed possession by publication, and, alter the expiration of a reasonable time, shall determine summarily the light to possession (subject to a suit as hereinafter provided) and shall deliver possession accordingly:

Provided that the Judge shall have the power to appoint an officer who shall take an inventory of effects, and seal or otherwise secure the same, upon being applied to for the purpose, without delay, whether he shall have concluded the inquiry necessary for summoning the party complained of or not."

The section needs no change.

33.6. Section 195.- Section 195 reads-

"195. If it further appears upon such inquiry as aforesaid that danger is to be apprehended of the misappropriation or waste of the property before the summary proceeding can be determined, and that the delay in obtaining security from the party in possession or the insufficiency thereof is likely to expose the party out of possession to considerable risk, provided he is the lawful owner, the District Judge may appoint one or more curators whose authority shall continue according to the terms of his or their respective appointments, and in no case beyond the determination of the summary proceeding and the confirmation or delivery of possession in consequence thereof:

Provided that, in the case of land the Judge may delegate to the Collector, or to any officer subordinate to the collector, the powers of a curator:

Provided, further, that every appointment of a curator in respect of any property shall be duly published".

The section needs no change.

The Indian Succession Act, 1925 Back

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