Law:

Section:

Illegal Dispossession Act (XI of 2005)--- ----S. 3---Criminal Procedure Code (V of 1898), S. 561-A---Illegal dispossession---Dispute between co-sharers---Applicants purchased share of one or some of other co-sharers who put them in possession of the property---Complaint under Illegal Dispossession Act, 2005 filed by respondent against applicants was allowed by Trial Court---Validity---Applicants were in possession of property as co-sharers and they could not be dispossessed from property under the provisions of S.3 of Illegal Dispossession Act, 2005---Respondent tried to give colour of criminal action to a bona fide civil dispute and sought possession in share of land for which adequate and effective remedy was available to him---Applicants being co-owners or co-sharers could not be dragged in proceedings under Illegal Dispossession Act, 2005---High Court set aside order passed by Trial Court---Application was allowed in circumstances. Muhammad Aslam v. Imamuddin Ahmed and 7 others 2013 MLD 1444 and Zahoor Ahmad and 5 others v. The State and 3 others PLD 2007 Lah. 231 rel. THIS ORDER PASSED BY: FAHIM AHMED SIDDIQUI, J.--- The applicants have preferred the instant criminal miscellaneous application against the impugned order dated 16.11.2017 passed by the learned Additional Sessions Judge-III, Shikarpur. Through the impugned order the learned trial Judge has allowed the Criminal Complaint of the respondent No.1 (complainant) against the applicants under the provisions of the Illegal Dispossession Act, 2005, and taken cognizance of the case. 2. The factual matrix of the instant application is that the respondent No. 1 has filed a complaint under Sections 3, 4, 5, 6 and 7 of Illegal Dispossession Act, 2005, against the applicants before the Court below. In the said complaint, the respondent No. 1 alleged that the applicants have dispossessed him many years back from their agricultural land situated in Deh Fazul Josh, Tapo Waryaso of Taluka Garhi Yasin, District Shikarpur. According to the said complaint, the applicants are enjoying from the land in question and they are not allowing the respondent No. 1 to enter into the land and the respondent No. 1 apprehends…

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