Law:

Section:

(a) Illegal Dispossession Act (XI of 2005)--- ---S. 3---Specific Relief Act (I of 1877), S.9---Constitution of Pakistan, Art. 199---Constitutional petition---Dispute between co-owners over possession of property---Applicability of the Illegal Dispossession Act, 2005---Scope---Civil case concerning disputed property pending in civil court---Effect---Petitioner filed a complaint under section 3 of Illegal Dispossession Act, 2005 against his accused-brother/ respondent alleging therein that he (i.e. accused) along with his armed servants entered disputed property and illegally dispossessed the complainant (petitioner) and also destroyed standing crops without any justification---Maintain-ability---Trial Court dismissed said complaint being non-maintainable---Validity---Complainant and accused were co-owners of the property and to this effect the complainant had filed a civil suit under S.9 of Specific Relief Act, 1877, which was pending adjudication and simultaneously an F.I.R. was also registered against accused---During pendency of civil suit and F.I.R., complainant filed present complaint---Accused did not belong to a class of property grabbers or Qabza group, hence no case under section 3 of Illegal Dispossession Act, 2005 was made out---Trial Court had rightly dismissed the complaint being not maintainable---Constitutional petition was dismissed in circumstances. (b) Illegal Dispossession Act (XI of 2005)--- ----S. 3 & Preamble---Applicability of the Illegal Dispossession Act, 2005---Scope---Illegal Dispossession Act, 2005 was restricted to immovable property, which had allegedly come about through the hands of a class or group of persons who qualified as property grabbers/Qabza group/land mafia. Zahoor Ahmad and others v. The State and others PLD 2007 Lah. 231; Mobashir Ahmad v. The State PLD 2010 SC 665 and Habib Ullah v. Abdul Manan 2012 SCMR 1533 rel. JUDGMENT SHAH JEHAN KHAN AKHUND-ZADA, J.---Nawabzada Muhammad Usman Khan petitioner through the instant constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has challenged the impugned order dated 4-11-2011 inadvertently written as 29-5-2011 passed by…

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