Law:

Section:

Illegal Dispossession Act (XI of 2005)--- ----S. 5---Constitution of Pakistan (1973), Art.199---Constitutional petition---Complaint---Maintainability---Scope---Illegal dispossession is lawful basis of filing complaint---Illegal Dispossession Act, 2005 is a special enactment which has been promulgated to discourage the land grabbers and to protect the right of the owner and lawful occupant of the property as against the unauthorized and illegal occupant---All cases of illegal occupants, without any discrimination, would be covered by Illegal Dispossession Act, 2005 except the cases which were already pending before any other forums---Filing of civil suit after illegally dispossessing the occupant from the property and to cover the same with mala fide, intention, does not affect the maintainability of the complaint---Principles. PLD 2008 Lah. 392 distinguished 2006 PCr.LJ 636 and PLD 2007 SC 423 ref. ORDER SYED SHABBAR RAZA RIZVI, J.---The learned counsel for the petitioner submits that he had bought a property, subject-matter of the instant petition from respondent No.5. Mutation No.1720 was entered on 2-7-2005. The possession was also handed over to the petitioner on the same date. The mutation was duly passed in accordance with law on 16-7-2005. However, on 28-11-2005, petitioner was dispossessed by the respondents. The petitioner got registered F.I.R. No.335 of 2005 on 30-11-2005. The petitioner also filed complaint under the Illegal Dispossession Act, 2005 on 22-2-2006. The complaint was dismissed on 20-5-2006 on the ground that the dispute between the parties was of civil nature. The learned Addl. Sessions Judge formed the above opinion on the basis of civil suit filed by respondent No.4 on 5-12-2005. 2. The grievance of the learned counsel for the petitioner is that impugned order was passed without considering the relevant documentary proof and report of the S.H.O. The learned counsel further submits that he was dispossessed prior to filing the civil suit and even prior to registration of the criminal case. The learned counsel relies upon 2006 PCr.LJ 636, PLD 2007 SC 423 and PLD 2008 Lah. 392. 3. The learned counsel appearing for the respondent refers to…

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