Law:

Section:

Illegal Dispossession Act (XI of 2005)---Ss.3 & 4---Constitution of Pakistan, Art.199---Constitutional petition---"Illegal dispossession" and "Qabza group"---Proof---Trial Court convicted and sentenced petitioner for dispossessing respondent illegally from house in question---Validity---Complainant was not present at place of occurrence at the relevant time and he himself had not seen petitioner breaking locks of house and occupying the same---Complainant failed to produce any evidence regarding petitioner belonging to "Qabza group" or "property grabbers"---Complainant admitted that he did not know whether he had any previous record of grabbing lands illegally---Dispute between parties was of title and case did not fall under S. 3 of Illegal Dispossession Act, 2005---Trial Court illegally connected petitioner with offence falling under Ss. 3 & 4 of Illegal Dispossession Act, 2005, which had been made for special purposes and objects---High Court set aside the conviction and sentence awarded by Trial Court to petitioner and acquitted him of the charge---Petition was allowed accordingly. Habibullah and others v. Abdul Manan and others 2012 SCMR 1533 rel. Zahoor Ahmad and 5 others v. The State and 3 others PLD 2007 Lah. 231 and Muhammad Bakhsh v. Additional Sessions Judge and others 2010 PCr.LJ 268 ref. JUDGMENT SYED IFTIKHAR HUSSAIN SHAH, J.---This single judgment will dispose of above captioned two writ petitions, one filed by Muhammad Hayat Khan petitioner against judgment dated 6-4-2013 passed by the learned Additional Sessions Judge, Rawalpindi whereby he was convicted and sentenced to imprisonment for three years along with the fine of Rs.50,000 and also sentenced to pay compensation of Rs.50,000 to the complainant and was directed to vacate the disputed property within a period of 10-days and the other writ petition filed by Muhammad Irfan Siddiqi for enhancement of the aforesaid sentence of Muhammad Hayat Khan respondent No.2. 2. Succinctly, the facts of the case are that respondent No.2 made a complaint under sections 3 and 4 of the Illegal Dispossession Act, 2005 against the present petitioner alleging therein that Muhammad Shoaib, brother in law…

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