Law:

Section:

Illegal Dispossession Act (XI of 2005) --------- ----------Ss. 3, 4 & 7 --------- Illegal dispossession --------- Contractual issues --------- Interim restoration of possession --------- Scope --------- Complainant was aggrieved of order passed by Trial Court refusing restoration of possession as interim measures during proceedings of complaint --------- Validity --------- Provisions of Illegal Dispossession Act, 2005, were promulgated to curb dispossession from immovable property, if made by a certain class of persons who were part of "land mafia" --------- Where contractual issues were involved, matter of possession/dispossession would come within the ambit of Civil Court --------- Report of revenue authorities regarding possession with respondents was reconfirmed by a legal notice issued by complainant's counsel --------- High Court declined to interfere in the order passed by Trial Court as there was no illegality or impropriety with the same --------- Revision was dismissed in circumstances. THIS ORDER PASSED BY: SHAHAB SARKI, JUSTICE:---------- This revision application under sections 439 and 435, Cr.P.C. has preferred against the order dated 19.11.2013 passed by the IIIrd Additional Sessions Judge, Khairpur in Criminal Complaint No. 40/2013 Re-Rabnawaz v. Ghulam Hussain and others, whereby the application under sections 3/4 read with 7 , Illegal Dispossession Act, 2005 of the applicant Rab Nawaz was dismissed. 2. Mr. Abdul Mujeeb Shaikh learned Counsel for the applicant has contended that the impugned order has been passed without consideration of the facts before the Court. He has further contended that even the revenue record clearly shows that the applicant purchased the subject property vide registered sale-deed dated 30.11.2012 and such entry was made in the record of rights on 02.03.2013 and it confirms that the applicant is the owner of the said plot bearing S.No. 853 admeasuring 1-13 acres situated at Baharo Dero Taluka Gambat District, Khairpur. He further submits that the concerned Magistrate in his report has clearly stated that the revenue record entry duly exists in the name of the applicant but the Mukhtiarkar has also stated in his…

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