Law: Illegal Dispossession Act, 2005

Section: 3,3(2),4

Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---Illegal dispossession---Appreciation of evidence---Complainant had alleged that he was absolute and exclusive owner of the suit property being purchaser of the same---Proposed accused persons/respondents had encroached upon the same without any lawful authority---Record showed that complaint was filed along with the report of police inquiry---Documents annexed with the criminal revision against the proposed accused persons/respondents were copies of documents from an earlier complaint, which was dismissed---Basic ingredients of a complaint in terms of S. 3 of the Act were missing---Allegation of use of force for dispossession of the appellant/ complainant from the premises in question was not mentioned anywhere in the complaint---Even date of dispossession was not given in the memo---Allegedly, plot was purchased by complainant from attorney of the original owner but power of attorney was not on the record---Complainant was not in possession of suit plot for over twenty years as the plot was not demarcated---Earlier complaint of complainant/appellant was dismissed and if he was aggrieved by the disposal of his earlier complaint, he should have filed appeal/revision---Filing a fresh complaint on the same facts was not permissible---Circumstances established that dispute, in the present case, of civil nature and could only be resolved in civil court---Application was, therefore dismissed in circumstances. THIS ORDER PASSED BY: NAZAR AKBAR, JUSTICE:---.--- This Cr. Revision Application is directed against the order passed by Sessions Judge Malir, Karachi, whereby Complaint No. 38/2005 under Section 3 /4 of the Illegal Dispossession Act 2005, filed by the applicant was dismissed. 2. Brief facts of the case are that on 12.6.2015 applicant lodged complaint against the respondents for an alleged offence under section 3(2) of Illegal Dispossession Act, 2005 (hereinafter the Act, 2005) on the pretext that he is absolute and exclusive owner of a Plot No. A-385, situated in Sector No. 4, Ahsanabad Town in KDA Scheme No. 33, Karachi admeasuring 200 sq. yards, which was purchased by him through attorney of Zohra…

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