Law:

Section:

Unlawful Possession-- ----Joint owners--Equal shares--A co-owner can competently seek restoration of possession from co-owner, subject to establishing his possession and then dispossession unlawfully which seems to be lacking in instant case--Complaint, no where, indicates that land, jointly purchased by these two, was partitioned; nor it indicates as to from which area of joint holding respondent is in 'unlawfulpossession' or from which portion of such joint holding applicant has been dispossessed. Illegal Dispossession Act, 2005 (XI of 2005)-- ----Scope of--Civil suit on basis of sale agreement, dismissal of--Scope of Illegal Dispossession Act, 2005 is very limited and cases of forcible dispossession by land mafia or habitual land grabbers come/fall within such category--Dispute, prima facie, appears to be between two individuals--Applicant has claimed dispossession from hand of respondents while respondents are claiming possession under a sale agreement--Dispute was pending before Civil Courts, which were Courts of ultimate jurisdiction for deciding civil right of party and status of a document could only be determined by a competent Civil Court--Case does not fall within scope of Illegal Dispossession Act, 2005. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 154--Illegal Dispossession Act, Ss. 3 & 4--Criminal jurisdiction--Direct complaint being attorney cannot be filed--In criminal administration of justice every person can bring law into motion by lodging an FIR--Complaint is equaled with that of an FIR lodged under Section 154, Cr.P.C.--Plea regarding competency of attorney to file direct complaint is having weight and thus anybody can bring law into motion but not as an 'attorney'. Words and Phrases-- ----Attorney--Question of--Whether attorney can act as, complainant or witness in criminal matters--Term 'attorney', legally, in most general sense draws a picture of one who was not speaking for himself but for his 'principal'. Attorney-- ----Criminal administration of jusitice--Any fact towards offence hence an 'attorney', being not speaking of his own knowledge, would not fall within meaning of 'witness/complainant'. Thus, an attorney cannot…

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