Law:

Section:

Illegal Dispossession Act (XI of 2005)--- ----Ss. 2(c), 3 & 7---Illegal dispossession---Proof---Restoration of possession---Pre-conditions---Complainant alleged that he was owner of land in question and sought recovery of the possession but complaint was dismissed by Trial Court---Validity---For attracting provisions of Illegal Dispossession Act, 2005, and in order to get benefit of S. 3(1) of Illegal Dispossession Act, 2005, complainant had to prima facie establish before Court that he was lawful owner or was occupier of subject property and accused entered into or upon the property without having any lawful authority---Complainant was also to prove that accused had done so with the intention to dispossess or to grab or to control or to occupy property in question---Order as an interim relief regarding restoration of possession of subject property to complainant under the provisions of S. 7 of Illegal Dispossession Act, 2005, pending trial could only be passed when prima facie it was established to the satisfaction of Court that complainant was a lawful owner of subject property and he was illegally and forcibly dispossessed by accused and accused was in unlawful possession of subject property---Prima facie, possession of complainant over subject property could not be established as no evidence or any document had been produced by complainant to establish that he was occupier of subject property within the meaning of S. 2(c) of Illegal Dispossession Act, 2005---In absence of any material establishing possession of complainant, his plea of lawful possession of subject property was not tenable---High Court declined to interfere in its revisional jurisdiction as no jurisdictional infirmity or any illegality was pointed out in the order passed by Trial Court---Revision was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:----------- Through the captioned Criminal Revision Application, the applicant/complainant Muhammad Nadeem Khan has called in question order dated 17.11.2015, passed by the learned Additional Sessions Judge, Kotri in I.D. Complaint No.33 of 2014 (re: Muhammad Nadeem Khan v. Muhammad Hussain Shoro and…

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