Law: Illegal Dispossession Act, 2005

Section: 7,2(c),3

(a) Illegal Dispossession Act (XI of 2005)--- ----Ss. 7 & 2(c)---Eviction and mode of recovery of possession as interim relief---"Occupier"---Scope---Applicants sought restoration of possession as interim relief in their respective complaints under Illegal Dispossession Act, 2005---Trial court had dismissed the respective applications for restoration of possession---Validity--- Prima facie, the possession of the applicants' over the subject property could not be established as no evidence or any document had been produced by the applicants' to establish that they were occupiers of the subject property within the meaning of S. 2(c) of Illegal Dispossession Act, 2005---Applications were dismissed. (b) Illegal Dispossession Act (XI of 2005)--- ----S. 3---Prevention of illegal possession of property---Scope---Owner and/or occupier of the property can approach the court of competent jurisdiction for seeking relief under the provisions of Illegal Dispossession Act, 2005. (c) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 7---Prevention of illegal possession of property---Eviction and mode of recovery of possession as interim relief---Scope---Complainant, in order to avail the benefit of S. 3 of Illegal Dispossession Act, 2005 has to prima facie establish before the court that he is lawful owner or was occupier of the subject property; that accused had entered into or upon the said property without having any lawful authority; that the accused had done so with the intention to dispossess or to grab or to control or to occupy the said property---Order as an interim relief regarding restoration of the possession of the subject property to the complainant under the provisions of section 7 of Illegal Dispossession Act, 2005 can only be passed when prima facie it is established to the satisfaction of the court that the complainant is a lawful owner of the subject property; that he was illegally and forcibly dispossessed by the accused and that the accused is in an unlawful possession of the subject property. THIS JUDGMENT DELIVERED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.--- This single will dispose of both the captioned criminal revision applications,…

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