Law: Illegal Dispossession Act, 2005

Section: 3,4

(a) Illegal Dispossession Act (XI of 2005)---.--- ---.---Ss. 3 & 4---.---Illegal dispossession-Dismissal of complaint---.---Applicant/complainant who claimed to have become exclusive owner of the property which she had inherited, had alleged that respondent/accused was in illegal and unauthorized possession of that property---.---Complaint had been dismissed being not maintainable---.---Record showed that accused was in possession of property in question much prior to transfer of the same to the complainant by virtue of inheritance, but complainant was silent with regard to the acquisition of the possession of the property by accused---.---Complainant failed to show the time and date of dispossession, which was a prime consideration in the case---.---Not only the time and date, but year of commission of offence was also missing from the complaint and no evidence had been brought on the record and a vague complaint was preferred---.---Complainant had herself admitted that in the year 1996 she acquired the premises by way of inheritance and after that she issued notice to accused for vacating the premises, but for complete 14 years complainant was silent with regard to her right for getting possession of the property from accused---.---On that score alone complaint could not be maintained under Ss.3/4 of Illegal Dispossession Act, 2005 as no detail had been arrayed in the complaint as to when accused actually became in possession of the property-Trial Court, in circumstances, had rightly concluded that the complaint was not maintainable. (b) Illegal Dispossession Act (XI of 2005)---.--- ---.---Ss. 3 & 4---.---Illegal dispossession---.---Most essential ingredient of Illegal Dispossession Act, 2005 was that there should be dispossession of the owner or occupier ofthe property and in case the owner or occupier did not level the allegation of his dispossession or forcible occupation of accused over the property then the provision ofSaid Act would not he applicable---.---In the present case, the complaint itself was silent and did not disclose any incident of dispossession which would lead to a conclusion that no offence of forcible dispossession and…

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