Law: Illegal Dispossession Act, 2005

Section: 3,4,5,6,7,8

(a) Illegal Dispossession Act (XI of 2005)--- ----Ss. 3, 4, 5, 7 & 8---Illegal dispossession---Application filed by the complainant under S.7 of Illegal Dispossession Act, 2005 against his illegal dispossession,. was allowed by the Trial Court and accused was directed to hand over the possession of land in question to the complainant within 7 days---Validity--- Complainant appeared to have made out a prima facie case of having invoked the provisions of Illegal Dispossession Act, 2005 as complainant had produced the title documents along with the registered sale deed, which not only created a legal presumption of ownership of the land in question, in favour of the complainant, but also reflected the confirmation of possession of the complainant on the land---Accused had not been able to produce any valid evidence or documents, creating any right or entitlement in the subject land, nor had been able to satisfy his possession over the land---Accused had not been able to point out any factual error or illegality in the proceedings undertaken by the Trial Court, particularly the impugned order, which was otherwise an interim order and was subject to final decision by the Trial Court under S.8 of Illegal Dispossession Act, 2005---Accused had also failed to produce any evidence showing any prima facie entitlement or any legal justification of keeping the possession of the land in question---Trial Court had rightly taken cognizance of the complaint filed by the complainant, which was duly supported by the title documents---Revision application was dismissed, in circumstances. Habibullah and another v. The State and 9 others 2009 MLD 1162; Muhammad Akram and 9 others v. Muhammad Yousaf and another 2009 SCMR 1066; Nabi Bux and 6 others v. Ghulam Muhammad and others PLD 2008 Kar. 518; Shafi Muhammad v. The State and others PLD 2008 Kar. 480; Alia Hussain v. Syed Ziauddin PLD'208 Quetta 27; Rahim Tahir v. Ahmed Jan and 2 others PLD 2007 SC 423; Ghulam Ali and others v. Nasira Malik and others 2007 PCr.LJ 224; Haji Sardar Khalid Saleem v. Muhammad Ashraf and others 2007 SCMR 1192; Jalal and 11 others v. Kapri Khan and another PLD 2008 Kar. 369 and Abdul Aziz and another…

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