Law: Illegal Dispossession Act, 2005

Section: 3,4,5

Illegal Dispossession Act (XI of 2005)--- ---Ss. 3, 4 & 5---Illegal dispossession---Complainant had alleged that in her absence, her flat having been illegally occupied by accused/applicants, she filed application to the Trial Court under Illegal Dispossession Act, 2005---Trial Court took cognizance of the case, issued non-bailable warrant against applicants and had further ordered that complainant be put in possession of the flat in possession---Grievance of the counsel for applicants was that order of taking cognizance and subsequent order for putting complainant in possession of the flat in question was passed without affording them opportunity of being heard---Admitted position was that order of putting complainant in the premises in question was passed without affording opportunity to applicants of being heard---Nobody could be condemned unheard---In the present case as applicants were in possession of flat in question, they had the right to be heard by the Trial Court and thereafter appropriate order was required to be passed in the case---Order of taking possession from applicants and putting complainant in possession of the flat in question had been passed without hearing applicants, that portion of order was not maintainable---Said order was set aside by the High Court with the direction that Trial Court before passing any such order should provide opportunity of hearing to the applicants. Abdur Rashid Khondkar v. Chandu Matbar and 15 others PLD 1964 SC 795; Peer Bakhsh v. The State 1979 PCr.LJ 24; Abdul Latif v. Bagga Khan and another PLD 1996 SC 152; Syed Manzoor Hussain Shah v. Syed Agha Hussain Naqvi and another 1983 SCMR 775; Messrs Ihsan Yousaf Textile (Pvt.) Ltd., Faisalabad v. Collector of Sales Tax (Adjudication), Faisalabad and 2 others 2003 PTD 1747; Muhammad Muslim and another v. Muhammad Iqbal and 2 others PLJ 2004 SC 2; Shah Nazar Khan and 6 others v. Goga Khan and 5 others 2005 YLR 3297; Capt. S.M. Aslam v. The State and 2 others PLD 2006 Kar. 221; Memoona Bano v. S.H.O., P.S. Al-Falah and others SBLR 2007 Sindh 1047 and Ashiq Hussain and another v. Athar Sher and 2 others 2008 PCr.LJ 719 ref. ORDER BIN YAMIN, J.---Learned counsel…

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