Case Details

Citation(s)
2016 SLG 2531 2016 SLD 2531 2016 PCRLJ 1777
Sindh High Court, Hyderabad Bench
Criminal Revision Application No. S-237 of 2014, decision dated: 27-08-2015, hearing DATE : 27-08-2015.
SYED MUHAMMAD FAROOQ SHAH, JUSTICE
Rana Suhail Mehmood for Applicant. Anwar Jamal for
Respondents Nos.1 to 3.

JAMIA DARUL ULOOM ISLAMIA THROUGH PRESIDENT/CHAIRMAN.--Applicant

VS

ILYAS AND others.

Law:

Section:

(a) Illegal Dispossession Act (XI of 2005)---.--- ---.---Ss. 3 & 4---.---Illegal possession of property---.---Complaint, filing of---.---Land grabbers---.---Applicant-complainant filed complaint which was dismissed by the Trial Court---.---Contention of applicant-complainant was that he was owner/legal occupier of disputed property---.---Validity---.---Predecessor-in-interest of applicant-complainant was allowed to construct a religious institution on temporary basis---.---Illegal Dispossession Act, 2005 had been promulgated to discourage the land grabbers and protect the right of lawful owner and lawful occupant of the property---.---Applicant-complainant was not an "aggrieved person" and even he was not authorized by the Management Committee of the institution to file proceedings against the accused---.---Aggrieved person might avail other adequate remedy provided by law to establish his title over the property and thereafter to protest any ingress or illegal encroachment thereto---.---Applicant-complainant had failed to produce any document showing his lawful ownership over the disputed property---.---Revision was dismissed in circumstances. Muhammad Akram v. Muhammad Yousaf 2009 SCMR 1066; Muhammad Usman S. Memon v. IVth Additional District and Sessions Judge PLD 2011 Kar. 624; Allah Ditto v. Muhammad Ishaq 2013 YLR 1580; Abdul Qahir v. Bibi Aisha PLD 2012 Bal. 189 and Gul Hassan v. Muhammad Usman 2012 PCr.LJ 268 ref. (b) Illegal Dispossession Act (XI of 2005)---.--- ---.---S. 3---.---Complaint, filing of---.---Requirement---.---Complainant had to allege and show before the court that he was the actual owner or occupier i.e. in lawful possession of immovable property and accused had entered into the said property without any lawful authority. (c) Illegal Dispossession Act (XI of 2005)---.--- ---.---Preamble---.---Illegal Dispossession Act, 2005 had been promulgated to discourage the land grabbers and protect the right of lawful owner and lawful occupant of the property. (d) Criminal Procedure Code (V of 1898)---.--- ---.---S. 439---.---Revisional jurisdiction of High Court---.---Scope---.---High Court could not resolve disputed question of facts under…
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