Law: Illegal Dispossession Act, 2005

Section: 3

(a) Illegal Dispossession Act (XI of 2005)--- ----S. 3---Prevention of illegal possession of property---Dispossession on courts order---Effect---Petitioners assailed the dismissal of their complaint under S. 3 of the Illegal Dispossession Act, 2005---Petitioners claim was that they were dispossessed from the subject premises by the Official Assignee---Official Assignee was directed by a competent court of law for taking re-possession of subject matter premises---Legality or competence of the Civil Court in issuing such directions could not be discussed by High Court while exercising criminal jurisdiction but what could safely be said was that such action of re-possession was under a lawful authority, hence, no offence within meaning of S. 3 of Illegal Dispossession Act, 2005, was made out---Possession was taken within the spirit of passed in the civil suit, therefore, the complaint was rightly dismissed---Revision application was dismissed. 2019 CLC Note 7 distinguished. (b) Illegal Dispossession Act (XI of 2005)--- ----S. 3---Prevention of illegal possession of property---Scope---Illegal Dispossession Act, 2005, being special law, shall have application only where the ingredient(s) thereof are, prima facie, satisfied/ existing---Every case of “dispossession” shall not necessarily fall within ambit of the Act but only cases of “illegal dispossession” shall fall within ambit of the Act---Every “dispossession” is not illegal because where the…

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