Law: Illegal Dispossession Act, 2005

Section: 3,4

Law: Criminal Procedure Code (V of 1898)

Section: 265-H(ii),439

Law: Sindh Katchi Abadi Act, 1987

Section: 19

Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---Sindh Katchi Abadis Act (II of 1987), S. 19---Illegal dispossession--- Government land---Declaration of Katchi Abadi---Scope---Complainant alleged that he was illegally dispossessed from his property, which he had acquired through registered lease deed duly issued by Katchi Abadi authorities--- Appellant claimed ownership of property on the basis of a series of s and decrees---Trial Court convicted the appellant---Validity---Court, in the produced by appellant, had observed that survey number claimed in the suit was municipal and public property but on its own motion permitted the parties residing thereon to continue their possession---Claim of complainant was not sustainable, since there was no notification issued under S. 19 of Sindh Katchi Abadis Act, 1987---Trial Court had decided the matter in a slipshod manner without looking into the depth of property documents---Case between the parties appeared to be of civil nature---Record showed that both the parties were falsely claiming their right on the property which in fact was a municipal land---High Court allowed the appeal, set aside the passed by Trial Court and acquitted appellant of the charge, in circumstances. THIS JUDGMENT DELIVERED BY: ZULFIQAR AHMAD KHAN, J.--- As both the aforementioned Cr. Appeal, as well as, Cr. Revision have arisen out of one and same judgment and the question of law and facts on record are also the same, therefore, I intend to decide both the captioned matters together through this common judgment. 2. Through Criminal Appeal No.S-51/ 2017, appellant Abdul Kareem Memon has impugned the judgment dated 06.03.2017, passed in ID complaint No.03/2015, filed by complainant Masroor Ahmed under sections 3 and 4 of Illegal Dispossession Act, 2005, where appellant was convicted under section 265-H(ii), Cr.P.C. and sentenced to suffer R.I. for 03 years with direction to pay compensation to the complainant at the rate of Rs.10,000/- and in case of non-payment of said compensation, he was ordered to further undergo one month simple imprisonment (Point No.2 of impugned judgment). 3. Through Criminal Revision Application, filed…

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