Law:

Section:

(a) Illegal Dispossession Act (XI of 2005)----- -----Ss. 3 & 4-----Prevention of illegal possession of property etc.-----Complaint, dismissal of-----Estoppel against contradictory stances taken in pleadings-----Civil litigation, pendency of-----Principles-----Complainant having already filed suit against the accused persons in respect of suit land, had filed present complaint with contradictory stances; in said suit the complainant claimed his peaceful possession over the land and prayed for issuance of permanent injunction against the accused, while in present complaint, the complainant alleged that the accused had forcibly dispossessed him from the land, while conversely, in his joint written statement filed in the suit the accused, the complainant had admitted the possession of the accused in the capacity of their being cultivators-----Said conflicting stances taken by the complainant were not only self-contradictory, but the same had invalidated his allegations of dispossession from the land, which prima facie indicated the mala fide and ulterior motives on part of the complainant and that he had not come to the Court with clean hands-----Said conduct of the complainant was hit by the principle of estoppel-----When question of title to property in dispute was already sub-judice before the competent civil court prior to filing of direct complaint, then civil proceedings should have been adjudicated and decided first, and if the complaint succeeded to get decision in his favour, then he might approach the court by preferring the direct complaint-----Impugned order of dismissal of the complaint was just and proper-----Revision petition was dismissed in circumstances. Abdul Haleem v. The State and others 1982 SCMR 988; Mumtaz Hussain v. Dr. Nasir Khan and others 2010 SCMR 1254 and Haji Ghulam Rasool and others v. Chief Administrator of Auqaf, West Pakistan PLD 1971 SC 376 rel. (b) Estoppel----- -----Applicability-----Evidence, retraction from-----No person should be permitted to retract and repudiate from the stance taken earlier in his pleadings or evidence adduced by him, and he shall face the consequences and repercussions of declaration already made by…

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