Attachment of Property-- Summary Proceedings Under Sections 164 and 165 BNSS Cannot Be Invoked to Dispossess Party in Actual Admitted Possession -- Eviction Must Follow Due Process
Proceedings under Sections 164 and 165 of the Bharatiya Nagrik Suraksha Sanhita cannot be invoked to dispossess a party in actual possession of property. Such summary attachment proceedings are maintainable only where both parties dispute actual possession. Where possession of one party is admitted, the appropriate remedy for the other is a suit for eviction through due process of law. In cases of admitted possession, the Magistrate's jurisdiction is limited to preventive action under Sections 107 or 116 BNSS. Summary attachment is not a substitute for legal eviction.
