Law: Illegal Dispossession Act, 2005

Section: 3(2)

Illegal Dispossession Act (XI of 2005)--- ----S. 3---Complaint against illegal dispossession---Dismissal of complaint---Petitioner, who claimed to be owner of property in dispute on basis of registered sale-deed had alleged that respondents were illegally and forcibly occupying said property, and had filed petition under S.3(2) of Illegal Dispossession Act, 2005 before Additional Sessions Judge---Petitioner in his said petition had prayed that respondents be dealt with in accordance with law and possession of property, be delivered to petitioner---Said petition was dismissed by virtue of impugned order---S.H.O. concerned had reported that respondents were in possession of property in dispute for the last more than fifteen years and that fact was also admitted by petitioner---Additional Sessions Judge had rightly come to the conclusion that complaint of petitioner was not maintainable because Illegal Dispossession Act, 2005 whereunder it was filed was promulgated in the year 2005 and S.3(1) of said Act created a new offence, punishment whereof was prescribed in its subsection (2)---Penal part of the statute was to be interpreted strictly and an illegal dispossession as contemplated in S.3(1) of the Act could be punished only if it had taken place after promulgation of Illegal Dispossession Act, 2005---Counsel for petitioner had not been able to point out that impugned order was perverse, arbitrary or fanciful so as to merit interference by High Court in revision---Legal and well-reasoned order could not be interfered with in revision by High Court. ORDER M. BILAL KHAN, J.---Muhammad Aslam Shami son of Sheikh Abdul Aziz, the petitioner, by filing the instant revision petition has impugned the order dated 26-1-2006 passed by the learned Additional Sessions Judge, Lahore, whereby he had dismissed his complaint under section 3(2) of the Illegal Dispossession Act, 2005, filed against Zulfiqar Butt, Maj. Ibrar Hussain Shah, Zaida Butt (Zahid Pervaiz) and Hamid Butt (Hamid Javed), respondents Nos. l to 4, respectively. 2. Concisely the facts giving rise to instant petition, according to the contents thereof, were that the petitioner was owner of property bearing No.…

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