Law: Illegal Dispossession Act, 2005

Section: 2,3,4,7

(a) Illegal Dispossession Act (XI of 2005)--- ----S. 2---Term 'person'---Connotation---Any Housing Co-operative Society (Society) can file an illegal dispossession complaint as a 'person' in respect of any property owned by Society against those who have illegally dispossessed entire land of society or some plots of society allotted to its members---Being a special law, Illegal Dispossession Act, 2005 does not debar a Society to initiate a proceeding under Illegal Dispossession Act, 2005 on ground that some of encroachers or unlawful occupiers of any portion of land have initiated some other legal proceedings either criminal or civil---Even if general criminal law is put in motion from either side or anybody else by lodging FIR or filing a civil suit, it does not oust any person including a society from initiating a proceeding under Illegal Dispossession Act, 2005---Illegal dispossession complaint, in such a situation, can competently be filed---No bar exists on proceeding of criminal or civil cases simultaneously. Rafique Bibi v. Muhammad Sharif and others 2006 SCMR 512 and Muhammad Ramzan alias Jani v. Muhammad Aslam and others 2007 PCr.LJ 1784 rel. (b) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3, 4 & 7---Sindh Goth Abad (Housing Scheme) Rules, 2008, R.4(3)---Encroachment over property---Mala fide---Laches---Housing Co-operative Society as a "person"s were residents on land in question who were aggrieved of dispossession by Trial Court by delivering possession of land in question to respondent Housing Society---Plea raised by applicants was that they were residing on land in question and that Housing Society could not file illegal dispossession complaint---Validity--Documents produced by applicants were apparently fake as no village could be sanctioned or approved on a private land---Allotment order did not bear date of issuance and through same, plot of 120 square yards was allotted to a person while as per R. 4(3) of Sindh Goth Abad (Housing Scheme) Rules, 2008, size of plot allotted under Goth Abad Scheme could not exceed two ghuntas---No proof was placed on record by any applicant---Not a single National Identity Card, domicile or Permanent…

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