Law: Illegal Dispossession Act, 2005

Section: 3,4,5

Illegal Dispossession Act, 2005 (XI of 2005)-- ----Ss. 3, 4 & 5--Forcible dispossession--Remedy--Legal Position--Removal of cattles from basement--As per Illegal Dispossession Act 2005 owner or occupier, if is dispossessed forcibly, can avail his remedy u/Ss. 3, 4 and 5 of Illegal Dispossession Act 2005--Here complainant says that his chattels are available in; basement area and such basement was allotted to him for using as a dwelling house and it was alleged that chattels of complainant were removed forcibly and applicants and other inhabitants are using that area for car parking--Prima facie, case was of use of basement of that building, consisting of ground plus two, as car-parking--Legality or otherwise of allotment of such basement was is left open to be decided by competent Court of law where such issue is already pending, however, claimed removal of chattels from basement does not appear to be strictly falling within meaning of forcible dispossession of complainant as it is not case of complainant that he is being prevented from using basement or is not being allowed entrance--To constitute an offence within meaning of Section 3 of Act there should not only be an allegation of removal of chattels from a place but dispossession and control thereon are sine qua none--Prima facie, complainant has failed to substantiate allegations and ingredients of Section 3 of Act--In absence thereof, order impugned legally cannot sustain--Accordingly instant order revision application is allowed. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, JUSTICE---.--- Through instant Criminal Revision Application, applicants have challenged impugned judgment dated 29.06.2018 whereby while deciding the issue of forcible dispossession, applicants were taken into custody and sentence is undergone with further direction that possession shall be handed over to the complainant. 2. Since it is admitted fact that applicant No.2 was owner and residing in the subject matter apartment she filed suit No.830/2011 for declaration that basement, specified for car parking, has been illegally allotted in favour of the complainant and such suit is pending for adjudication. Case of the complainant is…

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