Law:

Section:

(a) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---Illegal dispossession---Complainant had alleged that he was lawful owner of plot in dispute; that as he was mostly residing abroad and visiting his native place once or twice a year, he had appointed chowkidar to look after said plot---Complainant had alleged that respondents after harassing and threatening his chowkidar, illegally dispossessed him from the lawful possession and occupied the same illegally and were raising construction over it---Respondents contested the complaint, contending that they had purchased property in question from the complainant under sale agreement and possession was handed over to them; that they had paid amount to complainant as part of sale consideration; that as the complainant had failed to perform his part of contract, they had filed suit for specific performance, which was pending before the court of law; that in circumstances case did not fall within the ambit of Illegal Dispossession Act, 2005---Respondents had claimed that sale agreement was executed through attorney of the complainant, but they had failed to place on record any document showing that alleged attorney was duly authorized or duly recognized agent or attorney of the complainant---Respondents also failed to place on record anything to demonstrate that possession of plot in dispute was handed over to them under the signatures of complainant or under the terms and conditions of alleged sale agreement---Even otherwise suit was filed by the respondents subsequent to filing of complaint by the complainant under Ss. 3/4 of Illegal Dispossession Act, 2005, which suit had no legal foundation and was of no consequence and significance to protect illegal and unauthorized possession of the respondents---Impugned order whereby complaint filed under Ss.3/4 of Illegal Dispossession Act, 2005 by the complainant, was dismissed, was set aside and matter was remanded to the Trial Court for decision of complainant on merits, in accordance, with law. Rao Khalid Javed v. Faiz Ahmed and 6 others PLD 2009 Lah. 220; PLD 2008 Lah. 392; Sardar Shah Nawaz Khan v. Malik Aman and others 2009 PCr.LJ 578; Rahim Tahir v.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492