Order This is a revision by A party against an order passed by the Executive First Class Magistrate, Ramanathapuram, in S.145 proceedings, A party came with a petition that they are entitled to the exclusive right of fishing in Illanjamboor tank situated in Illanjamboor village in Mudukulathur taluk. The B party who belong to Veerambal village claimed joint right of fishing in the said tank. After taking the evidence the Magistrate found that the contention of the B party was correct and that the B party was entitled to joint possession and enjoyment of the right of fishery in the abovesaid tank. After finding that, he dropped) the proceedings under section 145. But as the Magistrate was of opinion that the likelihood of the breach of the peace still continued, he had the fishery right attached under section 146 and appointed the Revenue Inspector, Mudukulathur, as receiver. It is this portion of the order that is objected to by the petitioners and the respondents join them in that prayer. In. short both the petitioners and the respondents dispute the correctness of this order, namely, attaching the subject of dispute and appointing the Revenue Inspector as Receiver. It is obvious that section 146 cannot apply to the facts of this case. That will apply only when he decides that none of the parties was in possession as of right or when he is unable to satisfy himself as to which of them was then in such possession. But here he finds that both of them were in possession and it has been held that section 145 proceedings do not apply to cases where there is joint possession. The Magistrate was therefore right in dropping the proceedings under section 145. But then as section 146 does not apply, the order as to attachment and appointment of Receiver is unsustainable and is therefore set aside. If breach of the peace is likely to occur it is for the Police to take such action as it thinks fit against the parties under section 107 or 144 as the case may be. The petition is therefore allowed with the above observations. K.S. ----- Petition allowed.