Case Details

Citation(s)
2014 SLG 1334 2014 SLD 1334 2014 YLR 63
Islamabad High Court
Criminal Miscellaneous No.56 of 2013, decision dated: 17-06-2013, hearing DATE : 28-05-2013
MUHAMMAD ANWAR KHAN KASI, C.J

Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395

UMAR ABBASI

VS

MUMTAZ AHMAD SIDDIQUI and others

Law:

Section:

Illegal Dispossession Act (XI of 2005)----S.7---Criminal Procedure Code (V of 1898), S.561-A---Possession of property---Tenant---Necessary parties---Defiance of court orders---Petitioner claimed to be lawful tenant of shop in question and was aggrieved of dispossession order passed by Additional Sessions Judge---Validity---Continuous defiance of Court orders and alleged simultaneous dispossession first on 12-1-2011, second on 11-7-2012 and then on 4-3-2013---Petitioner admitted fact of having possession of shop in question which was taken over by police in pursuance to order of Additional Sessions Judge---Petitioner also claimed to have possession of the shop since 11-7-2012 and it was the date when allegedly owner was dispossessed second time---Petitioner was a necessary party to be impleaded as respondent to second complaint under Illegal Dispossession Act, 2005, as he was admitting possession of shop in question since 11-7-2012, the date of alleged second dispossession---High Court directed the Trial Court to proceed with second complaint of the owner, after arraying petitioner as one of the respondents---Petition was disposed of accordingly. JUDGMENT MUHAMMAD ANWAR KHAN KASI, C.J.---The petitioner (Umar Abbasi), by way of captioned Criminal Miscellaneous under section 561-A, Cr.P.C., assails the order dated 16th February, 2013, passed by learned ASJ, whereby his appication for appropriate order was dismissed by observing that the petitioner failed to establish locus standi and the application, amounting to a review of order dated 9-1-2013, cannot be entered due to bar under section 369, Cr.P.C. respecting review or alteration of the order already passed. 2. The petitioner's case is that he is lawful tenant of Shop No.710, I&T Centre, G-6/1, Aabpara, Islamabad on the basis of an oral agreement with respondent No.1 (Mumtaz Ahmad, Siddiqui), since 11-7-2012 and is running a business of mobile easy-load but the respondent No.3 (S.H.O. Police Station Aabpara) on the direction of learned ASJ dispossessed him from the shop in question despite a status quo order by the learned Civil Court. It is further averred that he also filed a writ petition against the…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492