Law: Illegal Dispossession Act, 2005

Section: 3,5

Law: Constitution of Pakistan, 1973

Section: 199

Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 5---Constitution of Pakistan (1973), Art.199---Constitutional petition---Restoration of possession---Complainant was lawful owner of disputed house and respondent was illegal occupant of the same as he had no relevant document of title in his possession---Respondent attempted to justify his illegal possession on the basis of agreement of sale executed by a person who was neither owner of the house nor lawfully appointed attorney of the owner---Validity---Purpose of special law was to protect rights of possession of lawful owner---Trial Court dismissed complaint of lawful owner against unauthorized occupant of house summarily, arbitrarily and without application of judicial mind---Order passed by Trial Court being illegal and offensive to law laid down by Supreme Court could not be allowed to hold the field---High Court, in exercise of constitutional jurisdiction, set aside the order passed by Trial Court and case was remanded for its decision on merits in accordance with law---Petition was allowed accordingly. PLD 2007 Lah. 231; 2007 PCr.LJ 224; 2007 PCr.LJ 181 and 2007 MLD 1398 ref. Rahim Tahir v. Ahmad Jan and 2 others PLD 2007 SC 423 rel. JUDGMENT KAZIM ALI MALIK, J.---Sardar Shah Nawaz Khan, petitioner, filed a complaint under section 3 of Illegal Dispossession Act, 2005 against Malki Aman, respondent No.1, before learned Court of Session, Rawalpindi, which was made over to a learned Additional Sessions Judge, Rawalpindi. It was alleged by the petitioner/complainant that his owned and possessed House No.29-G-48 located in Ghousia Colony, Misrial Road, Rawalpindi had been occupied by Malki Aman, respondent, when he (complainant) had shifted his family to his native village in Azad Jammu Kashmir in last week of March, 2007. The trial Court obtained a police report, which was submitted after an inquiry to the effect that the respondent herein occupied owned and possessed house of the complainant in his absence. The learned Additional Sessions Judge also recorded statement of the petitioner/complainant on oath, examined documents adduced in preliminary evidence and then dismissed the complaint vide order…

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