Law:

Section:

(a) Illegal Dispossession Act (XI of 2005) --------- ----------Ss. 3, 7 & 8 --------- Illegal dispossession of property --------- Interim relief under S.7 of Illegal Dispossession Act, 2005 --------- Petitioner impugned order of Trial Court whereby respondent was put in possession of suit property --------- Validity --------- Complainant (respondent) never mentioned anything about being involved with any land mafia or qabza group in his complaint as well as in his cursory statements, therefore, complaint under S.3 of the Illegal Dispossession Act, 2005 was not competent and since the main complaint was not competent so the impugned order, whereby interim possession was granted to complainant, by the Trial Court, was illegal having been passed without deciding the application under S.265-K of Criminal Procedure Code, 1898, which was illegality --------- Impugned order did not discuss the cursory statements but only relied on the report produced by the SHO --------- Constitutional petition was allowed and the impugned orders were set aside. PLD 2007 Lah. 231 ref. Zahoor Ahmad and 5 others v. The State and 3 others PLD 2007 Lah. 231; Bashir Ahmad v. Additional Sessions Judge, Faisalabad and 4 others PLD 2010 SC 661; Habibullah and others v. Abdul Mannan and others 2012 SCMR 1533 and Muhammad Ihsan and others v. Muhammad Yousaf and others 2007 MLD 1034 rel. (b) Illegal Dispossession Act (XI of 2005) --------- ----------Ss. 7 & 8 --------- Interpretation of S.7 of Illegal Dispossession Act, 2005 --------- Nature, object and scope of interim relief contemplated under S.7 of Illegal Dispossession Act, 2005. THIS ORDER PASSED BY: SHAHID MUBEEN, JUSTICE:---------- Brief facts giving rise to the institution of present writ petition are that respondent No. 2 instituted a criminal complaint under Section 3 of the Illegal Dispossession Act, 2005 on 05.12.2006 against the petitioner and respondents Nos.3 to 5. Cursory statements of Malik Jamil Iqbal/complainant as PW-1, Ch. Khalid Bashir as PW-2 and Ijaz Hussain as PW-3 were recorded by the learned trial Court, Sialkot. Copies under Section 265-K, Cr.P.C. were delivered to the petitioner as well as respondents Nos.3…

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