Law:

Section:

(a) Illegal Dispossession Act (XI of 2005) --------- ----------S. 3 --------- Illegal possession of property --------- Complaint --------- Cognizance --------- Scope --------- Complaint was dismissed by the Trial Court without summoning of accused --------- Validity --------- Court while taking cognizance of complaint had only to consider the existence of a prima facie case either on the basis of averments made in the complaint and the statements of complainant on oath --------- Complainant herself was not having the clear title with regard to the disputed property --------- Complainant had failed to establish her stand so taken with regard to forcible dispossession --------- All ingredients or elements must be made out before it was established that the offence had been committed by the accused person --------- If even one of the ingredients or elements was missing, then no offence would be made out --------- Trial Court had dismissed the complaint on sound footings --------- Complainant had remedy before the civil court --------- Revision was dismissed in circumstances. 2008 YLR 2259; PLD 2008 Kar. 94; Mumtaz Hussain v. Dr. Nasir Khan and others 2010 SCMR 1254; Iftikhar Ahmad v. Zulfiqar Ali and others PLD 2008 Lah. 59 and Rahim Tahir v. Ahmed Jan and others PLD 2007 SC 423 distinguished. 2010 PCr.LJ 1046 566 and 2009 SCMR 1066 rel. (b) Illegal Dispossession Act (XI of 2005) --------- ----------S 3 --------- Illegal possession of property --------- Complaint --------- Cognizance --------- Criteria --------- Court while taking cognizance of complaint had only to consider the existence of a prima facie case either on the basis of averments made n the complaint and the statements of complainant on oath. (c) Illegal Dispossession Act (XI of 2005) --------- ----------S. 3 --------- Illegal possession of property --------- Complaint --------- Pre-requisites --------- Complainant in order to constitute an offence had to allege and show that he was actual owner (or occupier i.e. in lawful possession) of immovable property in question; that accused had entered into (or upon) the said property; that entry of accused into (or upon) the said property was without any…

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