Law: Illegal Dispossession Act, 2005

Section: 3, 4, 5, 9

Law: Code of Criminal Procedure (CrPC), 1898

Section: 265-K, 249-A, 561-A

Law: Constitution of Pakistan, 1973

Section: 5(2)

Law: Specific Relief Act, 1877

Section: 8, 9

Summary

The case concerns a Criminal Revision Application challenging an order by the Sessions Judge, Naushahro Feroze, which took cognizance of a complaint under Sections 3 and 4 of the Illegal Dispossession Act, 2005, and issued non-bailable warrants against the applicant. The dispute revolves around agricultural land claimed by both parties as co-owners. The applicant argued that the matter is a civil dispute among co-owners, not a criminal case of illegal dispossession, and should be resolved in civil court. The court ultimately set aside the impugned order, holding that the Illegal Dispossession Act, 2005, does not apply to disputes between co-owners or co-sharers, and directed the parties to seek remedy in civil or revenue forums.

Core Points

Nature of Dispute: The land in question is jointly owned by both parties, as confirmed by revenue records and acknowledged in the trial court's order.

Applicant's Argument: The applicant is a co-owner by virtue of a registered sale deed from 1974 and has been in lawful possession. The dispute is civil, not criminal.