Law: Illegal Dispossession Act, 2005

Section: 3,4,5

Illegal Dispossession Act (XI of 2005)--- ----Ss. 3, 4 5---Prevention of illegal possession of property---Cognizance of offence---Investigation and procedure---Scope filed a complaint under Ss. 3, 4 5 of Illegal Dispossession Act, 2005, with the claim that the respondent along with his companions, in his absence, broke the locks of his house and illegally occupied the same---Report of Station House Officer (SHO) of Police Station revealed that house in question was in possession of another person who had further rented it out to another---Trial Court dismissed the complaint on the ground that the matter pertained to civil dispute---Validity had failed to make the said two persons as party in his complaint---Matter pertained to factual controversy which could be resolved after thorough inquiry and recording of evidence in a civil court---Revision petition was dismissed, in circumstances. Secretary to the Government of Punjab v. Ghulam Nabi PLD 2001 SC 415 rel. JUDGMENT ABDULLAH BALOCH, J.--- This Criminal Revision Petition is directed against the order dated 11th February, 2017 (hereinafter referred as the impugned order) passed by the learned Additional Sessions Judge-I, Quetta (hereinafter referred as the trial Court) whereby the complaint under sections 3, 4, 5 of Illegal Dispossession Act, 2005 filed by the petitioner was dismissed. 2. Brief facts arising from the instant petition are that the petitioner filed a complaint under sections 3, 4, 5 of Illegal Dispossession Act, 2005 in the trial Court with the averments that he has purchased a house bearing land Khasra Nos. 4129 and 4128, measuring 1500 sq.ft. situated at Mohal Karkha, Mouza Kirani, Tappa Shandinzai No.1, Tehsil City, District Quetta from one Ziarat Gul son of Haji Faiz Muhammad and after purchase of the property, the possession of house was handed over to the complainant, as such, he was enjoying the peaceful possession of the property in question. It is further submitted by the petitioner that he has started construction work in the house in question, but in the meanwhile, he became ill and the construction work was stopped and after his recovery from ailment when he visited the property, it…

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