Law:

Section:

(a) Illegal Dispossession Act (XI of 2005)-------S. 3---Landlord and tenant---Tenant (respondent) failing to pay electricity bills---Landlords (appellants) taking possession of property---Complaint filed against the landlords under S.3 of Illegal Dispossession Act, 2005---Trial Court convicting the landlords under S.3(2) of the Illegal Dispossession Act, 2005 and directing them to restore possession of property to the complainant-tenant---Legality---Contention of the landlords were that disputed property was given to the complainant-tenant on a monthly rent and the tenant was trying to usurp arrears of rent; that the complainant-tenant did not pay the electricity bills despite promising to pay them, and that the complainant-tenant himself gave possession of the premises---Validity---Evidence on record did not state that the landlords belonged to a land mafia, Qabza group or were property grabbers---Station House Officer (SHO) who was star witness of the case stated in his examination-in-chief that landlords were the owners of the property in question and had given the property to the complainant-tenant on rent; that the complainant-tenant had not paid the electricity bills; and that the complainant-tenant's contention that he had not taken the property on rent from the landlords but from some other person, was false---Complainant-tenant had failed to establish that landlords were land grabbers or belonged to a Qabza group---Present dispute was between individuals over immovable property and no case was made out under S.3 of Illegal Dispossession Act, 2005, which Act had been made for a special purpose and for special objects---Landlords had been wrongly sentenced---Appeal was allowed, landlords were acquitted of the charge and the complainant-tenant was directed to hand over the possession of the disputed premises to the landlords. (b) Illegal Dispossession Act (XI of 2005)--- ----Preamble & S. 3---Purpose and applicability of the Illegal Dispossession Act, 2005---Scope---Said Act was applicable only to those accused persons who had credentials or antecedents of Qabza group and were involved in illegal activities and belonged to a gang of land grabbers or…

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