Law:

Section:

(a) Illegal Dispossession Act (XI of 2005)--- ----S. 3---Complaint---Section 3 of Illegal Dispossession Act, 2005 could only be attracted when any person dispossesses, grabs, controls or occupies the property without having any lawful authority to do so with the intention to dispossess, grab, control or occupy the property from owners or occupier of such property---In the present case, complainant/applicant was neither lawful owner nor lawful occupier of the subject premises, therefore, S.3 of the Act was not attracted---Applicant had failed to point out that he was put in possession of the subject premises by respondent and was subsequently dispossessed---No sanctity, therefore, could be attached to the assertion of applicant---Circumstance established that no illegality or irregularity had been committed by Trial Court in passing the impugned order, revision petition was dismissed accordingly. Shaikh Muhammad Nasim v. Mst. Farida Gul 2016 SCMR 1931 and Muhammad Bashir v. Haji Muhammad Siddique and others 1997 CLC 466 ref. Mst. Gulshan Bibi and others v. Muhammad Sadiq and others PLD 2016 SC 769 rel. (b) Transfer of Property Act (IV of 1882)--- ----S. 53-A---If the possession of transferee was not under proper, legal and enforceable contract, protection of S. 53-A of Transfer of Property Act, 1882 was not available. Haji Muhammad Usman v. Abdul Sattar and others PLD 2011 Kar. 405 rel. THIS ORDER PASSED BY: ADNAN-UL-KARIM MEMON, J.--- Through instant Criminal Revision Application the Applicant has impugned Order dated 02.11.2016 passed by learned Vth Additional Sessions Judge, Karachi, South. 2. That on 01.08.2016 Applicant/Complainant filed Criminal Complaint No. 1084/2016 under section 3, subsection (1)(2) of Illegal Dispossession Act, 2005 against Respondent No. 3 in the court of learned Vth Additional Sessions Judge, Karachi, South. 3. The case of Applicant/Complainant as set out in the memo of Criminal Complaint is that Applicant/Complainant had entered into an Agreement to Sell on 04.11.2015 with Respondent No.3 regarding Flat No. 705/4, 7th floor, admeasuring 924 sq. ft. in the project known as Bridge View Apartment (hereinafter referred to as subject…

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