Law:

Section:

(a) Illegal Dispossession Act (XI of 2005)---.--- ---.---Preamble, Ss.2(c), 3, 4, 5, 7 & 8---.---Criminal Procedure Code (V of 1898), S.561-A---.---Balochistan Tenancy Ordinance (XXIV of 1978), Preamble & S. 33---.---Illegal dispossession---.---Complaint---.---Quashing of proceedings/order---.---Petition, had been directed against the interim order of the Trial Court whereby application filed by respondent under S.7 of Illegal Dispossession Act, 2005, was accepted and petitioner/accused was restrained from cultivating land leased out to him by the respondent/complainant---.---Allegation against petitioner, was that, he, after expiry of agreement of lease in respect of land of the respondent/claimant, was not surrendering land in dispute and was grabbing the same---.---Claim of petitioner was that, initially land in dispute was leased out to him in 'Ijara', but subsequently same was sold out to him by the complainant and that he had filed civil suit for specific performance against complainant/respondent---.---Dispute between the parties, did not fall within the purview of the Illegal Dispossession Act, 2005, rather the case of respondent, would come within the purview of Balochistan Tenancy Ordinance, 1978, which had provided a complete procedure for ejectment of tenant---.---Proceedings initiated in the case under Illegal Dispossession Act, 2005 was coram non judice, because respondent himself had pleaded that petitioner was his tenant/lessee---.---Petitioner being a lawful occupant of land in dispute as tenant, his case was covered in terms of S.2(c) of Illegal Dispossession Act, 2005---.---Impugned order passed by the Trial Court was set aside and the proceedings initiated on complaint filed by the respondent before the Trial Court under Ss.3, 4 & 8 of the Illegal Dispossession Act, 2005, were quashed, in circumstances. (b) Illegal Dispossession Act (XI of 2005)---.--- ---.---Preamble, Ss. 4 & 5(2)---.---Purpose and scope of Illegal Dispossession Act, 2005---.---Illegal Dispossession Act, 2005 was enacted to protect the lawful owners and occupiers of the immovable property from their illegal and forcible dispossession by the land grabbers,…

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