The main points of distinction between S. 145 and S. 147 are as follows:
(i) Whilst S. 145 applies to disputes as to possession of land, S. 147 applies to the right as to the use of land or water claimed as an easement or otherwise.
(ii) Whereas S. 145 provides for attachment, S. 147 does not contain any such provision, as this deals with abstract rights of the user.
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(iii) S. 145 requires proof of actual possession, irrespective of the legal right. S. 147, on the other hand, requires the Magistrate to ensure if the right of the actual user appears to exist, irrespective of the legal rights.
(iv) Lastly, the provisions of S. 145 are mandatory, whereas those of S. 147 are discretionary.
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