Law: Criminal Procedure Code (V of 1898)

Section: 439

Law: Illegal Dispossession Act, 2005

Section: 3,4

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 439--Illegal Dispossession Act, 2005, Ss. 3 & 4--Criminal revision application--There is no cavil to proposition that complaint under Illegal Dispossession Act 2005 is maintainable against any person who forcibly dispossesses occupier or owner but such remedy is never meant to settle civil dispute or a substitute for civil suit--Applicant himself admits status of respondent (accused) as that of 'partner' though alleged to be sleeping--Rights and liabilities of a 'partner' are controlled by terms and conditions of partnership deed 'however what term 'partner' refers to--Prima facie, each partner would be presumed to be in possession or control of such business, hence legally remedy of Illegal Dispossession Act would not be available for a partner against other partner even if allegation is that of dispossession--Perusal of impugned order shows that same is on reasonable grounds and with regard to removal of documents and accounts from property as well dispossession if any, applicant is at liberty to approach civil Court--This Criminal Revision Application is dismissed. THIS JUDGMENT DELIVERED BY: SALAHUDDIN PANHWAR, JUSTICE---,--- Through instant criminal revision application, applicant has challenged order dated 27.04.2017 whereby complaint under Sections 3 and 4 of the Illegal Dispossession Act 2005 was dismissed on the plea that admittedly applicant and Respondent No. 1 are bother and partners in the business of restaurant hence this is not a case of forcible dispossession. 2. Heard and perused the record. 3. Perusal of complaint reflects the same contention of learned trial judge with regard that applicant and respondent are brother inter-se and they had…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492