Law: Illegal Dispossession Act, 2005

Section: 3,5

Illegal Dispossession Act (XI of 2005)--- ----Ss.3 5---Prevention of illegal possession of property---Investigation and procedure---Scope---Applicant challenged the order passed by trial court whereby his complaint was dismissed with the observation that dispute between the parties was of civil nature---Contention of respondents was that the subject property was handed over to them in lieu of a compromise agreement in a murder case---Validity---Order passed by trial court was based on the reports of Assistant Commissioner and SHO (Station House Officer)---Report of SHO was based on another criminal case but record of the case was never produced---Report of Assistant Commissioner transpired that subject property was recorded in the name of the person regarding whom the applicant claimed to be his predecessor and that the name of respondents was not mentioned in the original record---No compromise agreement was produced by the respondents---Contention of respondents supported the case of applicant that the subject property belonged to him and his family members---High Court observed that Trial Court should have deeply appreciated the facts to ascertain the truth rather than passing the order only on the reports, particularly, that of SHO, which was merely a statement without any supporting document---Order passed by Trial Court was set aside and the case was remanded to the Trial Court for decision afresh. Shaikh Muhammad Naseem v. Mst. Farida Gul 2016 SCMR 1931 and Noor-ul-Huda v. Abdul Raoof and others (Criminal Revision Application No. 12 of 2017) rel. JUDGMENT MUHAMMAD FAISAL KAMAL ALAM, JUSTICE:---.--- Through this Criminal Revision the Applicant has called in question the decision dated 7.12.2018, whereby the complaint filed by the present complainant was dismissed with the observations that nature of dispute is civil. 2. Relevant facts for deciding the present revision are that controversy between the present Applicant (Muhammad Bux Chandio) and Private Respondents Nos.1 to 4 is about an immovable agricultural property bearing Survey Nos.113, 138 and 140 measuring 12 acres (approximately), falling in Deh Drib Chandio, Tapo Mirokhan-the subject property. 3.…

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