Law: Illegal Dispossession Act, 2005

Section: 3,7

(a) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3, 7 & Preamble---Co-owner---Forcible dispossession---"Qabza group"---Scope filed complaint against respondents for dispossessing him forcibly from land in question---Trial Court dismissed the complaint on the ground that respondents did not have any antecedents of being "Qabza group" and did not fall within the purview of Illegal Dispossession Act, 2005---Validity---Employing of words 'Qabza Group' in Preamble of Illegal Dispossession Act, 2005, could not be given a super imposing operation over S. 3 of Illegal Dispossession Act, 2005--- Neither co-owner could claim immunity from provisions of Illegal Dispossession Act, 2005, nor any co-owner could be given a license to dispossess another by force---Trial Court failed to exercise jurisdiction vested in it, according to law---Judgment passed by Trial Court suffered from jurisdictional defect---High Court directed Trial Court to proceed in the matter according to law by allowing parties to produce their evidence---Constitutional petition was allowed accordingly. [pp. 1470, 1472] A & C Bashir Ahmad v. Additional Sessions Judge, Faisalabad and 4 others PLD 2010 SC 661; Mst. Gulshan Bibi and others v. Muhammad Sadiq and others PLD 2016 SC 769; 2012 YLR 2004 and 2016 PCr.LJ 929 rel. (b) Interpretation of statutes--- ----Preamble---Scope---Preamble of a statute may be read in aid of interpretation, where clarity is lacking in provisions of the statute but where such provisions are clear, unambiguous and free from any doubt, effect has to be given to literal meaning of the statute. [p. 1470] B Twelfth edition of Maxwell on the Interpretation of Statutes, by P. St. J. Langan; Attorney General v. H.R.H. Prince Ernest Augustus of Hanover [1957] A.C. 436; 'Understanding Statutes' by S.M. Zafar and Mumtaz Hussain v. Dr. Nasir Khan and others 2010 SCMR 1254 rel. THIS JUDGMENT DELIVERED BY: WIQAR AHMAD, JUSTICE:---.--- This order is directed to dispose of the instant petition filed by petitioner, under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973. 2. Petitioner namely Shamsher Ali filed a complaint before the learned Sessions Judge, Swat…

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