Law:

Section:

Keywords: Lawful Possession, Procedure, Notice, Proceedings, Competent Jurisdiction, Care, Premises, Possession, Apprehension, Dispossession, Parties, Dispute, Jurisdiction, Co-Respondent, Forcible Dispossession, Immovable Property, Quashment, Property, Receipt, Civil Court, Allottee Result: Proceedings quashed JUDGMENT This is an application under section 561-A, Cr. P. C. For quashment of proceedings started by S. D. M. In respect of quarter No. 21/305-37-C, Landhi Colony, Karachi. 2. 1t is the case of one Shafiqullah Khan brother of Samiullah Khan that he was in lawful possession of the above quarter but during his absence on 8th October 1977, the respondents, that is, the two petitioners and his own brother Samiullah Khan trespassed into the said property and forcibly dispossessed him. On his application the learned S.D.M issued notice under section 145, Cr. P. C. And sealed the premises. 3. It has been pointed out by Mr. Qamar Mohammad Khan on behalf of Mushtak Ahmed and his father Jamaluddin the petitioners, that they had remained in possession of these premises for the last about 8 years and the premises which were originally allotted in the name of Samiullah Khan had been transferred by Samiullah Khan to them ; that the S.D.M. Had issued summonses in respect of this enquiry for atten dance on 8th October 1977 and the summonses had been issued on 5th October, 1977. In the summonses the petitioners, that is, Jamaluddin and Mushtak had been shown to be residents of 37-C House No. 305, Landhi Colony, Karachi. Certain documents produced by them were taken in possession of the S.D.M. And a receipt was issued to them dated 10th October 1977. But the application under section 145, Cr. P. C. Was filed on 15th October 1977, and in this application it was stated that the petitioners had trespassed into the premises on 10th October, 1977 and forcibly dispossessed the applicants. Mr. Qamar Mohammad Khan has, therefore, argued that on the S.D.M.'s own showing in the summonses they were residents of these premises on 5th October 1977. How then could it be said that they had forcibly trespassed into the property and dispossessed the applicant on 8th October 1977. Mr.…

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