Law:

Section:

(a) Illegal Dispossession Act (XI of 2005)--- ----Preamble & Ss. 3, 4 & 7---Constitution of Pakistan, Art. 199---Constitutional petition---Prevention of illegal possession of property---Scope---Dispute between 0-sharers of property---Applicability of the Illegal Dispossession Act, 2005---Scope---Complainant (petitioner) had filed a complaint against his accused-brother (respondent) under Ss. 3,, 4 & 7 of the Illegal Dispossession Act, 2005, contending therein that the accused had forcibly occupied the possession of the disputed house---Said complaint was dismissed by the court below---Contention of the complainant was that disputed house had been partitioned and each party was in possession of its respective share, but the accused forcibly took over possession of the property in absence of the complainant---Validity---Complainant had admitted in his complaint that both the parties were co-sharers in the suit khata, but he had not averred in his complaint that the joint property was duly partitioned and each party was in possession of its respective share---Complainant in such circumstances could not be said to be in exclusive possession of the suit house---Complainant had not asserted that the accused was a land grabber or belonged to a land mafia---Intention of the Illegal Dispossession Act, 2005, was to provide remedies to persons who had been illegally and forcibly dispossessed by a class or group of persons who had antecedents of being land grabbers or belonged to land Mafias Disputes over possession between co-sharers or persons having the right to a Property or claiming the possession under a certain valid title, could not be stamped as falling under the Illegal Dispossession Act, 2005---Present dispute was purely of a civil nature and the complainant could avail his remedy from the court of competent jurisdiction---Complainant had not mentioned in his complaint as to when he was dispossessed and neither he had given the boundaries of the disputed house nor he had annexed its sketch or any revenue record with the complaint---Complainant had failed to make out a case falling within the purview of the Illegal Dispossession Act,…

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