Law:

Section:

(a) Illegal Dispossession Act (XI of 2005) --------- ---------- Ss. 3 & 4 --------- Illegal possession of property --------- Complaint --------- Complaint by attorney --------- Parties to dispute co-owners of the property in question --------- Trial Court dismissed complaint filed by the attorney on the ground that attorney was not competent to file direct complaint under Illegal Dispossession Act, 2005 --------- Validity --------- Complainant and accused jointly purchased the subject land on equal shares --------- Status of both the parties was that of 'joint owners' --------- Co-owner could seek restoration of possession from other co-owner subject to establishing his/her possession --------- Nothing was on record that land jointly purchased was partitioned --------- Complainant had not indicated as to from which area of joint holding the accused was in 'unlawful possession' or from which portion of such holding he had been dispossessed --------- Nothing was on record with regard to involvement of accused in illegal activities or their belonging to the gang of 'land grabbers or land mafia' --------- Mere words of one to be 'land grabbers or land mafia' would not be sufficient to dress him up with such status --------- Accused had filed a civil suit which was dismissed but appeal of the same was pending for adjudication --------- Civil courts were courts of ultimate jurisdiction for deciding civil right of the party and status of a document --------- Present dispute did not fall within the scope of Illegal Dispossession Act, 2005 --------- Complaint under the Act would be equated with that of an FIR --------- Attorney did not fall within the definition of "witness/complainant" --------- Attorney could not file the FIR or a criminal complaint --------- Anybody could bring the law into motion but not as an attorney --------- Revision was dismissed in circumstances. 2008 MLD 1702; PLD 2007 SC 423; PLD 2007 Pesh. 123; PLD 2007 Lah. 231; 2010 SCMR 1254; PLD 2006 Kar. 221; 2007 MLD 808 and 2007 PCr.LJ 891 ref. Habibullah v. Abdul Manan 2012 SCMR 1533 rel. (b) Illegal Dispossession Act (XI of 2005) --------- ----------Preamble --------- Scope --------- Scope of…

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