Law: Illegal Dispossession Act, 2005

Section: 3

Law: Constitution of Pakistan, 1973

Section: 199

Illegal Dispossession Act (XI of 2005)--- ----S. 3---Constitution of Pakistan, Art. 199---Constitutional petition---Prevention of illegal possession of property---Status of accused as property grabber not proved---Complainant gaining back possession of disputed property---Effect---Complainant (petitioner) filed complaint against accused persons (respondents) alleging that they took forcible possession of his property and destroyed all the standing crops on the property---Trial Court dismissed said complaint on the grounds that complainant admitted that he was now back in possession of the disputed property, and that accused persons were abroad and not in any position to re-occupy the disputed property---Validity---One of the accused was real brother of complainant, while the other was his nephew, therefore, accused persons did not belong to a class of property grabbers or Qabza group---Complainant had admitted that he was now back in possession of disputed property and accused persons were aboard and in no position to reoccupy the same---Question of illegal dispossession of disputed property at the hands of accused persons did not arise in such circumstances, therefore, Illegal Dispossession Act, 2005 was not attracted to the present case---Trial Court had rightly dismissed the complaint---Constitutional petition was dismissed in circumstances. Zahoor Ahmad and others v. The State and others PLD 2007 Lah. 231; Mobashir Ahmad v. The State PLD 2010 SC 665 and Habib Ullah v. Abdul Manan 2012 SCMR 1533 rel. THIS JUDGMENT DELIVERED BY: SHAH JEHAN KHAN AKHUNDZADA, JUSTICE:---.--- Haji Abdur Rehman complainant/petitioner through the instant constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 has challenged the impugned order dated 11-6-2011 passed by Additional Sessions Judge-Hangu whereby he dismissed the complaint of the petitioner under sections 3, 6 and 7 of the Illegal Dispossession Act, 2005. 2. Brief facts of the case are that the petitioner/complainant Haji Abdur Rehman filed a complaint under sections 3,6 and 7 of the Illegal Dispossession Act, 2005 against his brother Ghulam Syed and nephew Noor Sayed…

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