Law:

Section:

Illegal Dispossession Act (XI of 2005)--- ----S. 3---Constitution of Pakistan (1973), Art.199---Constitutional petition---Illegal dispossession---Petitioner had sought setting aside of the order passed by the Trial Court whereby her complaint filed under S.3 of Illegal Dispossession Act, 2005, was dismissed---Petitioner alleged that she was lawful owner in possession of the property and that the respondents had taken possession thereof forcibly---Only oral assertion of the petitioner with regard to taking of forcible possession by the respondents was available on record and no material was available to substantiate the oral assertion, from where it could be established that petitioner was in possession of said property before filing the complaint---Contrary to that, the respondents had supplied sufficient material showing that they were in possession of the property being co­-sharers---In spite of having adopting civil procedure, the petitioner had also chosen to take possession through Illegal Dispossession Act, 2005---As petitioner had no documentary evidence in her support which could establish that she was ever in possession of the property, her oral assertion could not be made basis for entertaining the application filed under S.3 of Illegal Dispossession Act, 2005---No interference was required in the order passed by the Trial Court. JUDGMENT IJAZ AHMAD CHAUDHRY, J.--Through this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner seeks setting aside of the order dated 24-11-2009 passed by the learned Additional Sessions Judge, Pakpatan Sharif through which the complaint filed by the petitioner under section 3 of the Illegal Dispossession Act, 2005 has been dismissed. 2. Brief facts leading to the filing of this writ petition are that the petitioner claimed that she was in possession of the property measuring 4 marlas, detailed as Khewat No. 967, Khatoni No. 3076 to 3192, Qitaat 239, Share 4/23287 out of Saalam Khata 1164 kanal. She was a widow and she had raised construction over said property like boundary wall, one room and a bath room and she was in possession of said property. On 10-1-2009…

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