Law: Illegal Dispossession Act, 2005

Section: XI,3,4

Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---Illegal Dispossession Act, 2005, applicability of---Petitioner was aggrieved of Trial Court's order whereby his complaint filed under S. 3 of Illegal Dispossession Act, 2005, was dismissed---Held: Petitioner contended that he filed complaint under S.3 of Illegal Dispossession Act, 2005, which was withdrawn on 6.12.2022---There was no embargo to file a subsequent complaint as neither charge was framed nor evidence was recorded and early complaint was withdrawn bonafidely in view of the negotiations with the respondents, who was the brother of the appellant---On the other hand, respondents claimed that the property belonged to their father since 1974 but the appellant had managed to procure the leasehold rights of the property behind the back of the respondent who was the real brother of appellant---Contention raised by respondent was that the Act was enacted in 2005 and dispute pertained to property obtained in 1974---Complaint could only be decided by the Trial Court once complaint had been fixed for hearing before the Trial Court, which could determine as to whether averments and material would attract the statute which had been enacted in 2005---This related to the merits of the case and could not be adjudicated or discharged by this (High) Court---No observation could be given that might affect the merits of the case before the Trial Court as Trial Court would have to consider the essential ingredients which included the commission of offence and culpability within ambit of S.3 of the Act ibid---Thus, impugned judgment was set aside while allowing the criminal revision with direction to the Trial Court to register the complaint and firstly decide the essential question of applicability of said Act, 2005, as urged by respondents that property in question was their ancestral property since 1974 and fell outside the scope of said Act and only thereafter the Trial Court might decide the complaint in accordance with law---Revision petition was disposed of. Azmat Bibi v. Asifa Riaz PLD 2002 SC 687; Zahoor and another v. Said-ul-Ibrar and another 2003 SCMR 59 and Gulshan Bibi v. Muhammad Sadiq and…