Law:

Section: 3

Illegal Dispossession Act, 2005 (XI of 2005)-- ----S. 3--Qanun-e-Shahadat Order (10 of 1984), Art. 129(g)--Tenant withheld as material witness--Adverse presumption--Alleged forcible dispossession--Physical possession of tenant--Non-production of best evidence--Complainant alleged dispossession from shop but, on relevant date, physical possession was admittedly with Shams Din as tenant Tenant was most natural and material witness to alleged entry and dispossession, yet he was neither cited nor produced and no explanation was offered Court could legitimately presume that, had tenant testified, his evidence would have been unfavourable to complainant.                                    [Para 5] A & B PLJ 2011 SC 191. Illegal Dispossession Act, 2005 (XI of 2005)-- ----S. 3--Registered sale deed predating alleged dispossession--Unexplained anomaly--Registered sale deed--Claim of possession and title--Failure to seek cancellation--Effect--Alleged dispossession occurred on 30 October 2010, whereas accused had purchased shop through registered sale deed dated 23 August 2010 Complainant and witnesses furnished no legally acceptable explanation for transaction and admittedly no suit for cancellation of sale deed had been filed by time of complaint or acquittal--Existing registered instrument materially undermined allegation that accused was an unlawful dispossessor.                             [Para 6] C Illegal Dispossession Act, 2005 (XI of 2005)-- ----S. 3--Criminal Procedure Code (V of 1898) S. 417(2-A)--Title dispute between co-sharers--Remedy before Civil Court--Property inherited jointly--Private partition--Successive transfers--Civil dispute Appeal against acquittal--Shop formed part of inherited property of complainant and his brother; after private partition, brother sold it to predecessor who transferred it to accused Sequence disclosed dispute…