Law: Illegal Dispossession Act, 2005

Section: 3,4

JUDGMENT SHEET   ARBAB MUHAMMAD TAHIR, J. The instant writ petition is arising out of order dated 17.07.2014, passed by the Additional Sessions Judge-III, Islamabad (East), whereby in complaint under Section 3 & 4 of the Illegal Dispossession Act, 2005 (‘Act of 2005’), filed by the petitioner against respondents No.1 & 2 others namely Anjam Nawaz Kayani and Hashim Kayani, application under Section 265-K Cr.P.C. filed by respondent No.1 was accepted, consequently, respondent No.1 was discharged from the case while the application under Section 239(c) Cr.P.C. for impleading one Tauqeer Malik as an accused, filed by the petitioner was dismissed as having become infructuous.   Relevant facts are that on 29.08.2013, petitioner filed complaint under the Act of 2005 with the allegation of illegal dispossession from plot No. 4, Umer Block, Street No.2, Phase-I, measuring 4500 sq. yards, Jaddah Town, Zone-V Islamabad (disputed property) against the respondent No.1 and two others namely Anjum Nawaz Kayani and Hashim Kayani. In the complaint besides asserting ownership on the basis of registered sale deed, site plan, receipts of utility bills and lease agreement, on the allegation of dispossession alleged that after taking over possession from the lessee, he had locked the disputed property and used to visit the same off and on. That in the beginning of March 2013, when he visited the suit property along with witnesses, found its lock missing with some security personnel duly armed; that on his inquiry one of the said persons informed that they are occupying the suit property at the instance of respondent No.1 as allegedly the latter is owner-in-possession of the suit property.   It was also alleged in the complaint that the incident was reported to the SSP Islamabad through an application dated 07.03.2013, which was forwarded to the concerned Police Station but the exercise remained fruitless; that he also approached the respondent No.1 for getting back the possession but his said efforts also proved abortive, which compelled him to lodge the complaint under the Act of 2005.   Cursory statements of the petitioner and three…