Law: Illegal Dispossession Act, 2005

Section: 3,4

Illegal Dispossession Act (XI of 2005)--- ----Ss.3 & 4---Illegal dispossession---Demarcation of property---Scope---Trial Court directed Mukhtiarkar to make demarcation of the property---Validity---Matter between the parties was only to the extent of demarcation of the property,Trial Court could have advised the parties to have recourse of law through civil/revenue court having jurisdiction---Order passed by Trial Court was in excess of its jurisdiction---Criminal miscellaneous application was allowed in circumstances. Searle IV Solution (Pvt.) Ltd. v. Federation of Pakistan 2018 SCMR 1444 rel. THIS ORDER PASSED BY: IRSHAD ALI SHAH, J.--- The facts in brief necessary for disposal of instantCrl. Misc. Application are that the applicants on conclusion of the trial in a direct complaint filed by the private respondent under the provisions of IllegalDispossession Act, were acquitted of the charge. While acquitting them, thelearned trial Court issued direction to Mukhtiarkar Larkana, to the followingeffect; "to make demarcation of the subject property and to submit his compliance report before him within one month". 2. The applicants being aggrieved of the above said direction against the Mukhtiarkar Larkana for demarcation of their property has impugned the same before this Court by way of instant Crl. Misc. Application. 3. It is contended by learned counsel for the applicants that the controversy with regard to demarcation of the property being civil in nature could only be resolved by a Civil/Revenue Court having jurisdiction. By contending so, he sought for setting aside of the above said direction of learned trial Judge, as thesame according to him has been passed by learned trial Judge in excess of its jurisdiction. 4. Learned counsel for the private respondent has supported the direction, so issued by learned trial Judge against the Mukhtiarkar Larkana for demarcation of the subject…

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