Law: Illegal Dispossession Act, 2005

Section: 3,8

Law: Criminal Procedure Code (V of 1898)

Section: 367

Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 8---Criminal Procedure Code (V of 1898), S. 367---Prevention of illegal possession of property---Delivery of possession of property to owner---Language of ---Contents of ---Scope challenged order passed by Trial Court whereby they were acquitted but were ordered to restore possession of complainant’s share---Section 8 read with subsections (2) and (3) of S. 3 revealed that the Court in case of conviction of the accused could pass the order for restoration of the property but in the present case the Trial Court, after recording evidence, acquitted the accused on the one hand and on the other hand ordered for restoration of possession of the land to the complainant---Conviction was sine qua non for handing over the possession under S. 8 of the Illegal Dispossession Act, 2005---Findings of the Trial Court were not in consonance with the provisions of the Illegal Dispossession Act, 2005, as well as S. 367, Cr.P.C., requiring the Court to give specific findings for determination of a criminal controversy---Judgment of the Trial Court, being illegal, was liable to be set aside---Appeal was allowed and the case was remanded to the Trial Court to pass an appropriate . [p. 2255] A B JUDGMENT ISHTIAQ IBRAHIM, JUSTICE:---.---Through this appeal, the appellants have challenged the judgment dated 04.05.2019 of the learned Additional Sessions Judge, Swat at Matta whereby though they were acquitted in complaint under section 3 of the Illegal Dispossession Act, 2005 filed by respondent/complainant Mst. Misslunisa but they were ordered to restore possession of her shari share. 2. Brief facts of the case are that the respondent/complainant filed a complaint under section 3 of the Illegal Dispossession Act, 2005 (the Act henceforth) against the present appellants with assertions that she and appellants Nos. 1 to 3 are successors of common predecessor namely Manjawar Mian. On the death of the said predecessor, his property devolved upon his legal heirs including the complainant whose name was duly entered in the revenue record. In order to grab her shari share, appellants Nos. 1 to 3 and father of appellant No.4 filed a civil…

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