Law:

Section:

(a) Illegal Dispossession Act (XI of 2005)---S. 3---Illegal dispossession of owner of property---Possession, Scope---Complainant/owner of property in question, had claimed that she rented out her house to the tenant, and emigrated to U.K. and appointed a person to take care of her house and receive the rent in her absence---Complainant alleged that accused along with co-accused in collusion with the tenant, illegally possessed her house and accused illegally occupied the attached shops---Contention of accused that the complainant residing in U.K., could not be said to be possessing the property, and there was no question of dispossession---Contention was repelled---"Possession" was not an act of clinching or having tenacity over the property---"Possession" was a relative term and state of being in possession, differed from case to case---Principles---In the present case, if the complainant, was receiving the rent through a Manager, or even had the property under her lock and key, would be considered to be in her possession. (b) Illegal Dispossession Act (XI of 2005)--- ----S. 3---Illegal dispossession of owner of property---Appreciation of evidence---Complainant in her preliminary statement referred the disputed property (house and shops) falling in specified Khasra number and claimed to have been transferred to her by her predecessor with possession thereof---Complainant could not claim ownership and possession over other khasra number through her subsequent statement recorded after framing of the charge---Manager and the rent collector of the complainant, and three tenants of the shops, had not been produced in the court---Best evidence having been withheld, an adverse presumption, could be drawn against the complainant---Complainant having failed to establish her case of illegal dispossession against accused beyond any shadow of doubt, conviction ordered and the sentence passed through impugned , rendered by the Trial Court, was declared contrary to law and was set aside. JUDGMENT IJAZ AHMAD, J.---This is an appeal against the conviction ordered and the sentence passed by the learned Additional Sessions Judge, Gujar Khan vide judgment dated 28-5-2013. 2.…

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