Law: Illegal Dispossession Act, 2005

Section: 3,4,5,7

Law: Criminal Procedure Code (V of 1898)

Section: 265-K

(a) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3, 4, 5 & 7---Criminal Procedure Code (V of 1898), S. 265-K---Prevention of illegal possession of property---Allegations against the accused were that they illegally occupied the property owned by the complainant and also demolished the constructions---Contention of the accused persons was that they, being owners of the disputed property, were in possession of the same---Accused moved application under S.265-K, Cr. P. C. for their acquittal but the same was dismissed by the Trial Court---Validity---Complainant purchased various lands through registered sale deeds and in his cursory evidence specifically asserted that he purchased land during the period 2003 to 2007 and took over possession and in his absence in May 2007, the accused illegally took over the possession of his property and demolished a constructed room and by converting the shape of the land into housing society, started illegal alienation---Witnesses of the complainant also supported his version and in such state of affairs it would not be in the interest of justice to put an end to the proceedings as apparently there existed sufficient material---Police report was not conclusive and had no binding effect as the complaint would be decided on the basis of its own merits and the evidence advanced by both sides and accused would have full opportunity to adduce their version in defence---Circumstances of the present case did deserve cursory disposal of the matter and there was no bar on the aggrieved person from availing remedy against the offender under any other law as well as under the Illegal Dispossession Act, 2005, as subsection 2(3) was clear in such respect, so pendency of civil suit inter se the parties created no embargo for proceedings under the special law---Revision was dismissed. (b) Illegal Dispossession Act (XI of 2005)- ----Preamble-Scope---Applicability---Illegal Dispossession Act, 2005, had been promulgated to protect the rights of the owner and of the lawful occupant of the property as against the unauthorized and illegal occupants and all cases of illegal occupants were covered by the said Act, except few cases where such…

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