Law: Illegal Dispossession Act, 2005

Section: 3,4,6

Illegal Dispossession Act ( XI of 2005 )--- ----Ss. 3, 4 & 6---Complaint against illegal dispossession---Maintainability---Petitioner contended that father of the complainant (respondent) had earlier filed complaint which was withdrawn and in view of withdrawal of earlier complaint, present complaint was not maintainable contended that there was no bar on moving the present complaint---Record revealed that case was fixed for arguments on the maintainability of complaint, but on the said date Trial Court instead of deciding the question of maintainability of the complaint proceeded further with the case---High Court, while setting aside the impugned order remanded the case to Trial Court to decide the question of maintainability of complaint through a speaking order---Constitutional petition was disposed of accordingly. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, JUSTICE:---.--- Through this constitutional petition, the petitioner has called in question the order dated 18.10.2016 of the learned Additional Sessions Judge-II, Peshawar. His prayer in the writ petition is re-produced below:-- "I. Declaring the complaint filed by respondent No. 1, under sections 3, 4 and 6 of the Illegal Dispossession Act and the proceedings initiated by respondent No. 3 to be mala fide, null and void and of no legal effect, be quashed accordingly and in consequence thereof the order dated 18.10.2016 of respondent No. 3 be also set aside. Any other relief deemed appropriate and not specifically prayed for may also be granted". 2. The learned counsel for the petitioner submitted that he is aggrieved by the order dated 18.10.2016 of the learned Additional Sessions Judge-II, Peshawar, whereby the learned trial Court left the question of maintainability to be decided after recording pro and contra evidence and summoned the remaining respondents for 9.11.2016. 3. Relevant facts as narrated in this writ petition are that the respondent No. 1 brought an application/complaint under sections 3, 4 and 6 of the Illegal Dispossession Act, 2005 against the petitioners contending therein that his father is owner in possession of a constructed house in Khasra No. 4551/1 situate in Mauza Hazar…

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