The Magistrate's jurisdiction under Sections 145 and 146 CrPC to maintain peace prevails over the orders of the civil court, except where the determination of rights by the civil court has become final or where the civil court has appointed a receiver.

( 1 ) SPONDENT Labh Singh was a pre-partition tenant in acquired evacuee property No. 11/2034, first floor and No. 11/2035, ground floor, in Katra Lochhu Singh, Fountain, Dr. H. G. Sen Road, Delhi. He was living in the first floor and was running a "prern Khalsa Hotel in the ground floor as its sole proprietor. On September 6, 1966, he entered into a partnership with petitioner Ashrafi Lal and his brothers Yag Prashad and Har Prashad, agreeing that the business of Prem. Khalsa Hotel shall hence forward be carried on in the name and style of "new Standard Hotel. " Labh Singh handed over to the firm all the assets of the Khalsa Hotel and possession of the premises No. 2035 for the carrying on of the business of the partnership. It was agreed that the rents of the premises shall be paid by the partnership and the premises shall constitute the property of the partnership. Ashrafi Lal has however contended that Labh Singh charged Rs. 41,000. 00 in all for surrendering possession of the premises to him. In July 1972) Ashiafi Lal was registered as an occupier and employer of the premises. The telephone and electticity connections were also made in his name and the quotas of the commodities for the Hotel were also issued in his name. It appears that subsequently the relationship between the partners became strained. On somebody s complaint, the matter also came to the notice of the Managing Officer who by his order of December 29, 1979, held that Labh Singh lost his tenancy rights and was an unauthorised occupant of property No. 11/2034, and that Ashrafi Lal was an unauthorised occupant of property No. 11/2035. Labh Singh filed a suit for dissolution of the partnership and rendition of accounts which was dismissed on March 19, 1980, for default. It appears that a restoration application is still pending. On June 21, 1980, Ashrafi Lal also filed against his partners a suit for permanent injunction and obtained an order for an ex parte injunction on June 26, 1980. It appears to have been formally issued on June 27, 1980. The defendants were restrained from entering the property No. 11/2035, from creating any scenes or goondaism through self, agents, friends, relatives or hirelings and from interfering in any manner in the business of the plaintiff. This order was confirmed on July 3, 1980, Yag Prashad filed a complaint under Section 145 Cr. P. G. that the suit filed by Ashrafi Lal was a false one. He collected some hirelings and on the pretext of the stay order tried to throw out the belongings of the other partners and the workers. The workers lodged a report of this incident in the Kotwali Police Station under Section 380 Indian Penal Code. vide F. I. R. No. 976 dated July 3, 1980. Ashrafi Lal was taken into custody but was later on released on bail. The premises belonged to the partnership and respondent No. 1 is not in exclusive possession thereof. There was every likelihood of breach of peace. The premises may be directed to be sealed. The learned Magistrate called a report from the police. On July 8. 1980, S. H. O. Police Station Kotwali reported that besides the four parters in the concern, the workers and the hotel employees union have also joined in the fray with the result that tension is prevailing amongst all the parties and despite a sharp vigil there is every likelihood of peace being disturbed and even the possibilities of riot, arson, attempt to murder and murder cannot be ruled out.

( 2 ) THE learned S. D. M. heard the complainant Yag Prashad at length and perused the police report and was convinced that a dispute of possession likely to cause breach of peace between the parties did exist, and drew up an order under Section 145 (1) Cr. P. C. He called upon the parties to appear in person and put in their written statements with regard to possession. Ashrafi Lal filed written statement on August 8, 1980 in which he alleged that he had purchased the hotel, was the sole proprietor, denied partnership and asserted