Law: Illegal Dispossession Act, 2005

Section: 2(c),3,4,7

Law: Criminal Procedure Code (V of 1898)

Section: 265-K

Illegal Dispossession Act (XI of 2005)--- ----Ss.2(c), 3, 4 & 7---Appreciation of evidence---Complaint was filed for restoration of a house against petitioners, contending that disputed house was delivered to petitioners/accused for their use as residence, about 5/6 years prior to the filing of complaint on the condition that petitioners would in lieu thereof, render him domestic service---Stance of the respondent/complainant was that since the petitioners had declined to serve him, they had converted their status to "unlawful occupiers" of the house and that they having grabbed the house in question, they were liable to be punished and that the possession of the house was to be restored to him---Plea of complainant was not tenable as section 3(1) of Illegal Dispossession Act, 2005 was applicable to cases wherein some body entered into or upon any property with intention to dispossess the lawful owner or occupier of that property; and thereby wanted to grab, control or occupy that property---Such phenomenon was not at all existing in the present case---Petitioners/accused were inducted in the house in question by the owner/complainant under an admitted oral agreement that in return the petitioners would render domestic services---Entry of petitioners in the house in question was a lawful entry as tenants---Since the petitioners were lawful occupiers of house in question in terms of S.2(c) of the Illegal Dispossession Act, 2005, complaint filed by the respondent was not at all entertainable against them---Application of the petitioners under S.265-K, Cr.P.C. for their acquittal carried sufficient merit for acceptance---Impugned order of the Trial Court was set aside and petitioners were acquitted. JUDGMENT SYED YAHYA ZAHID GILANI, J.---Darya Khan(respondent herein) instituted a complaint for restoration of possession of his house, against Mir Daraz, Jehanzeb and Rehmatullah (Petitioners herein) under sections 3, 4 & 7 of the Illegal Dispossession Act. The petitioners/accused moved an application in the trial Court for their acquittal under section 265-K, Cr.P.C., but vide the impugned order dated 28-11-2008, learned Additional Sessions Judge-IV, Bannu,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492