Law:

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Constitution of Pakistan, 1973-- ----Art. 199--Illegal Dispossession Act, 2005, S. 3--Constitutional petition--Forcible possession of the property--Oral assertion of petitioner with regard to taking of forcible possession of the property--No material to substantiate the oral assertion is available--Validity--Due to promulgation of Illegal Dispossession Act, 2005 all the other remedies available to litigants become redundant and every body choses to adopt summary procedure to take possession of properties by invoking provisions of Illegal Dispossession Act has no documentary evidence in her support which establishes that she is ever in possession of the property and her oral assertion cannot be made basis for entertaining the application u/S. 3 of Illegal Dispossession Act--Respondent has rebuted the claim of petitioner by producing sufficient documentary evidence that they are owner of disputed property being co-sharers and they are in possession of the property--Petition was dismissed. THIS JUDGMENT DELIVERED BY: IJAZ AHMAD CHAUDHARY, JUSTICE---.--- Through this writ petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973 the petitioner seeks setting aside of the order dated 24.11.2009 passed by the learned Additional Sessions Judge, Pakpattan Sharif through which the complaint filed by the petitioner under Section 3 of the Illegal Dispossession Act, 2005 has been dismissed. 2. Brief facts leading to the filing of this writ petition are that the petitioner claimed that she was in possession of the property measuring 4 marlas, detailed as Khewat No. 967, Khatoni No. 3076 to 3192, Qitaat 239, Share 4/23287 out of Saalam Khata 1164 kanal. She was a widow and she had raised construction over said property like boundary wall, one room and a bath room and she was in possession of said property. On 10.01.2009 Respondents No. 1 to 4 alongwith three unknowns who belong to Qabza group at10.00 a.m. while armed with fire-arms and without any justification at gunpoint had taken forcible possession the property in question. After receipt of complaint, statement of the petitioner was recorded as PW-1 in which she had reiterated her claim. The…

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