Law: Illegal Dispossession Act, 2005

Section: 3,4

Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---Landlord and tenant---Illegal dispossession---Scope---Petitioner-tenant alleged that the respondent-landlady had illegally and unlawfully dispossessed him from the rented premises---Trial Court dismissed the complaint of petitioner---Validity---Petitioner remained tenant of respondent from 2012 onwards---Petitioner had sent rent amount by money order to respondent and upon refusal to accept the same, petitioner deposited rent with the Rent Controller---Case of petitioner fell within the ambit of Illegal Dispossession Act, 2005 and Trial Court had erred in reaching to the conclusion that case did not attract the provisions of said Act---Revision petition was accepted. 2016 SCMR 1931 rel. THIS JUDGMENT DELIVERED BY: KAUSAR SULTANA HUSSAIN, J.--- This order/judgment aims to dispose of Criminal Revision Application No.110/2017, whereby applicant assailed the Order dated 31.05.2017, passed by the Court of VIth Additional Sessions Judge, Karachi East, in Complaint No.31/2017 filed by the applicant/complainant under Illegal Dispossession Act 2005. 2. Brief facts of the complaint are that the complainant is tenant of Respondent No.1, Mst. Rehana Taj widow of Zaheeruddin resident of House No.B-126, 1st floor, Block-18, Gulshan-e-Iqbal, Karachi since 2012 werefrom applicant/complainant was illegally and unlawfully dispossessed by the Respondent and their accomplices. 3. The learned VIth Additional Sessions Judge, Karachi (East) dismissed the complaint on the ground that provisions of Illegal Dispossession Act, 2005 are not attracted to the facts of this case and no prima facie offence under Section 3 of Illegal Dispossession Act is made out against the respondents. 4. There is no denial to the fact that applicant/complainant remained tenant of the Respondents No.2 from 2012 onward; that there was dispute between both the parties and that the respondent No.1 lodged FIR No.03/2017 dated 04.01.2007 against the applicant/complainant at Police Station Aziz Bhatti; that the applicant/complainant was arrested in the said FIR and subsequently released on bail; that on 16.03.2017 due to apprehension of dispossession,…

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