Law:

Section:

Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---Illegal dispossession---Respondent had alleged that he, his brothers and other relatives were owners of the house measuring 14 marlas and the petitioners forcibly took possession of the same in their absence---Complaint was sent to the police for report after inquiry---Police, after inquiry, submitted report, whereafter the complaint was held to be maintainable---Validity---Contents of complaint showed that respondent, his brothers and other relatives claimed ownership of the disputed property on the basis of an agreement dated 15.4.1977---Trial Court through the impugned order posted the complaint for trial because the said document was required to be proved/disproved through recording of pro and contra evidence; at such a preliminary stage, its legality or otherwise could not be determined without recording evidence---No jurisdictional error appeared to have been committed by the Trial Court while passing the impugned order---Constitutional petition was dismissed in circumstances. Mst. Gulshan Bibi, and others v. Muhammad Sadiq and others PLD 2016 769 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD AYUB KHAN, JUSTICE:---.--- Through the instant constitutional petition, the petitioners Said Akbar and Naseem Khan have called in question the order dated 02.11.2016 rendered by learned Additional Sessions Judge, Paharpur, D.I.Khan whereby the complaint filed by respondent No. 2 under sections 3/4 of Illegal Dispossession Act was held maintainable. 2. The facts giving rise to the instant petition, in brief, are that respondent No. 2 filed a complaint under sections 3/4 of Illegal Dispossession Act, 2005 in the Court of learned Additional Sessions Judge, Paharpur, D.I.Khan alleging that he, his brothers and other relatives are owners of a house measuring 14 marlas situated in Mauza Saudi Wali, Tehsil Paharpur, D.I.Khan and the petitioners forcibly took possession…

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