Law:

Section:

Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---Illegal dispossession---Complaint, dismissal of---Non-recording of evidence---After seeking reports from Station House Officer and revenue official, Trial Court dismissed the complaint---Validity---Question of illegal dispossession was different from civil liabilities and Trial Court was bound to ascertain as to whether allegations levelled by complainant constituted offence under Illegal Dispossession Act, 2005, or otherwise---Trial Court failed to exercise jurisdiction vested in it in appropriate manner and committed material illegality and gross irregularity, while dismissing complaint without recording evidence of parties and affording them opportunity to produce their documents during trial---Execution of sale agreement of accused was disputed by complainant, while ownership of house in question by their deceased father was admitted and acknowledged by accused---Complainant was not legally barred from maintaining criminal actions---High Court set aside the order passed by Trial Court, as the same was result of material illegality and gross irregularity which attracted interference of High Court---High Court remanded the matter to Trial Court for disposal on merits in accordance with law---Revision was allowed in circumstances. Raheem Tahir v. Ahmed Jan and 2 others PLD 2007 SC 423; Wajid Ali Khan v. Shaikh Murtaza Ali and 2 others PLJ 2003 SC 714; Abdul Kareem Khan v. Mst. Zahida Khan and 2 others 2008 YLR 2434; Iftikhar Ahmed v. Zulifquar Ali and 3 others PLD 2008 Lah. 59; Allah Ditto v. Muhammad Ishaque and another 2013 YLR 1580; Gul Hassan v. Muhammad Usman and 4 others 2012 PCr.LJ 268; Muhammad Kauser Iqbal v. ADJ and others 2012 PCr.LJ 1405; Gulfam Ahmed v. Additional Sessions Judge Gujranwala and 3 others 2011 PCr.LJ 487 and Mustaqeem v. State and another 2010 PCr.LJ 286 ref. THIS ORDER PASSED BY: SHAHNAWAZ TARIQ, JUSTICE:---.--- Through captioned criminal revision application, applicant Daim Ali Khan Khoso has impugned order dated 09.05.2015, passed by the Court of learned III-Additional Sessions Judge, Sukkur, whereby Criminal Misc. Application No. 478 of 2015 filed by applicant was…

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