Law:

Section:

Illegal Dispossession Act (XI of 2005)-------S. 4---Remedy under the Illegal Dispossession Act, 2005, is not confined to the case of land grabbers and land mafia---Such a remedy may also be available against a party in possession of a property that does not have its lawful ownership--Unless the contending parties are at odds in civil litigation regarding title of the disputed property, illegal acquisition of possession of disputed property is a matter that can be taken cognizance of even though no land grabbers or land mafia are involved. Mumtaz Hussain v. Dr. Nasir Khan and others 2010 SCMR 1254 and Shahabuddin v. The State PLD 2010 SC 725 fol. Zahoor Ahmad's case PLD 2007 Lah. 231 and Bashir Ahmad v. Additional Sessions Judge, Faisalabad and 4 others PLD 2010 SC 661 ref. Mian Mahmud Ahmad Kasuri for Appellant. Ch. Masood Ahmad Zafar for Respondent No.1. ORDER UMAR ATA BANDIAL, J.--- The order dated 26-1-2009 of the learned Additional Sessions Judge, Kasur declining to proceed against the respondents under the Illegal Dispossession Act, 2005 was assailed by the appellant in Writ Petition No.6046 of 2009 before this Court. By order dated 7-7-2009, interference with' the impugned order was declined on the ground that no allegation of land mafia or land grabbers was made in the case, therefore the proper remedy lay before the learned civil court rather than under the Illegal Dispossession Act, 2005. Reliance is placed on Zahoor Ahmad's case (PLD 2007 Lahore 231). 2. In aid of this appeal, learned counsel has read to us the two judgments of the Hon'ble Supreme Court, namely, Mumtaz Hussain v. Dr. Nasir Khan and others (2010 SCMR 1254) and Shahabuddin v. The State (PLD 2010 SC 725). In both judgments, it is observed that the remedy under the Illegal Dispossession Act, 2005, is not confined to the case of land grabbers and land mafia. Such a remedy may also be available against a party in possession of a property…

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