Law: Illegal Dispossession Act, 2005

Section: 3,4

Illegal Dispossession Act (XI of 2005)----Ss. 3 & 4---Complaint---Both the parties were claiming their possession over the disputed house on the basis of documents executed in their favour---Proper forum to decide the controversy with regard to genuineness of documents and ownership of the disputed house would be the civil court, where suits were already pending. Iftikhar Ahmed v. Zulfiqar Ali and 3 others PLD 2008 Lah. 59 and Muhammad Usman and 2 others v. The State 1992 SCMR 48 rel. JUDGMENT FAROOQ ALI CHANNA, J.---The appellant has filed this Criminal Acquittal Appeal against the judgment dated 13-3-2012, passed by learned IInd Additional Sessions Judge, Karachi (East) (referred to hereinafter as trial Court) in Criminal Complaint No.102 of 2010 under section 3/4 of the Illegal Dispossession Act, 2005 (referred to hereinafter to as Act, 2005), acquitting the respondent. 2. Brief facts of the case are that appellant Shakeel Ahmed Khan filed the criminal complaint that he purchased the property bearing House No.A-124, Block-2, Gulshan-e-Iqbal, Karachi (referred to hereinafter as said house) from Mst. Shireen Jamal Akhtar, through her legally constituted attorney Mohammad Saeed under a valid registered sale deed in the month of April, 2009. The appellant was put in physical possession of said house however, the respondent dispossessed him and occupied the upper portion of said house illegally in the month of September, 2009. The appellant lodged F.I.R No.592 of 2009 under sections 380/448/454/457 P.P.C, so also the instant criminal complaint under section 3/4 of Act, 2005. 3. In first round the trial court dismissed the complaint on the ground that civil litigation was pending between the parties. The appellant filed criminal revision against the said dismissal order, which was allowed and the matter was remanded to the trial court with direction to decide the complaint afresh in accordance with law. 4. The trial court after framing the charge recorded the evidence of appellant and examined the respondent under section 342 Cr.P.C. and after hearing the counsel for both the parties acquitted the respondent vide judgment impugned in this Criminal Acquittal…

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