Law:

Section:

Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---Criminal Procedure Code (V of 1898), Ss.435 & 439---Illegal dispossession--- Complainant / applicant, had alleged that his flat had been illegally and unauthorizedly occupied by the respondents in his absence---Complaint was dismissed by the Trial Court---Validity---Claim of respondents was that they had acquired flat in question by entering into agreement of sale with the complainant---Substantial evidence had been provided to the effect that respondents were occupying the flat since 2004 legally on the basis of valid documents---Illegal occupation at the time of coming into force of Illegal Dispossession Act, 2005, having not been proved, onus on the complainant to prove that the flat had been illegally occupied by the respondents, had not been discharged---No allegation that the complainant was illegally dispossessed, either before coming into force or after coming into force of the Act---Case, in circumstances would not fall under the provisions of Illegal Dispossession Act, 2005---Impugned order having been passed on correct appreciation of law, no interference was called from the High Court. Captain S.M. Aslam v The State and 2 others PLD 2006 Kar 221; Dr. Muhammad Safdar v. Edward Hency Louis PLD 2009 SC 404; Mumtaz Hussain v. Dr. Nasir Khan and others 2010 SCMR 1254 and Rahim Tahir's case PLD 2007 SC 403 ref ORDER MUHAMMAD ATHAR SAEED, J.---This Criminal Revision Application has been filed against the judgment of IV Additional Sessions Judge Karachi East passed on 11-11-2009 in Criminal Complaint No.59 of 2008, whereby the complaint filed by the present applicant against the present respondents was dis-missed and the respondents were acquitted from the charge under section 265-H(1), Cr.P.C. 2. I have heard Mr. Syed Samiullah Shah, learned counsel for the applicant, Mr. Fazal-ur-Rehman, learned Counsel for the respondents and Mr. Muhammad Iqbal Awan, Assistant Prosecutor-General. 3. The learned counsel for the applicant stated that he had occupied the Flat bearing No.C-508, Block-2, 5th Floor, Homeland Apartment, Plot No.S-520, Deh Gujro, Block 13-C, Gulshan-e-Iqbal, Karachi in the year…

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