Law: Illegal Dispossession Act, 2005

Section: 3,4

Law: Criminal Procedure Code (V of 1898)

Section: 145(7),265-k,431,439

(a) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---Criminal Procedure Code (V of 1898), Ss. 265-K, 145(7) & 431---Illegally and forcibly occupying land---Accused died pending revision---Abatement of revision---Scope---Dismissal of complaint---Accused, who died during pendency of revision, during his life time interfered into land of the petitioners and took over the possession of land illegally and petitioners filed complaint under Ss.3 & 4 of Illegal Dispossession Act, 2005---Two reports were obtained by the Trial Court---First one was submitted by the Investigating Officer and the other was submitted by Naib Tehsildar, which reports had clearly revealed that deceased/accused was in illegal occupation of land belonging to the petitioners---Contention of the petitioners, was that due to death of deceased accused, proceedings would not abate, but would continue against his legal heirs to the extent of illegal possession of disputed land---Material available on record had established that deceased accused, without any lawful authority, had illegally encroached upon the property in question---Trial Court was only required and prompted to form prima facie opinion of the title for the purpose of Illegal Dispossession Act, 2005, without prejudice to the final and authoritative adjudication on the matter of civil dispute, but there was no civil suit pending at that stage---Trial Court accepted application of accused filed under S.265-K, Cr.P.C., acquitted the deceased accused; whereas, law required that when the court had issued the process on being satisfied that prima facie case was made out and as such cognizance taken, could not be recalled or reversed, especially when charge had been framed by the Trial Court---Only course to be left in such eventuality to accused side was to assail such process before the appellate or revisional court as the law did not provide any power of review to the same court---Claim of the petitioners in such situation would survive despite the fact that accused was no more active and legal heirs of the deceased could be proceeded for the restoration of possession of the disputed land to the petitioners---Revision…

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