Law:

Section:

(a) Illegal Dispossession Act (XI of 2005)---.--- ---.----S. 3---.---Constitution of Pakistan (1973), Art.185(3)---.---Illegal Dispossession---.---Complainant had been found the lawful owner of the plot in dispute by the High Court, possession whereof had been assumed by the accused without lawful authority during the absence of the complainant from the city---.---Such assumption of possession in cases of constructive possession would amount to 'dispossession'-Case of accused, thus, on merit fairly and squarely fell under S.3 of the Illegal Dispossession Act, 2005---.---Said findings of High Court did not suffer from any misreading or non-reading of evidence and the same, therefore, could not be interfered by Supreme Court---.---Plot in question was transferred in the name of complainant in the year 2004, but the same remained in his constructive possession till March, 2006, when accused trespassed into his possession and started raising construction over it and the act of trespassing was admittedly committed after the promulgation of the Illegal Dispossession Act, 2005---.---Contention that the Illegal Dispossession Act, 2005, was meant for the land grabbers, was not helpful to accused, as he had failed to prove his lawful ownership over the plot---.---Illegal Dispossession Act, 2005 had been promulgated to discourage the land grabbers and to protect the rights of owners and lawful occupants of the property as against the unauthorized and illegal occupants---.---Observations made by High Court in the impugned that an illegally dispossessed individual has a right to have a recourse to the provisions of the Illegal Dispossession Act, 2005, without prejudice to the such other remedies simultaneously available to him under the other laws, were irrefutable and worthy of credence---.---Conviction of accused was consequently maintained, but since he was a first offender his sentence of three years' R.I. was reduced to one year's R.I. with direction to pay Rs.10,000 as compensation to the complainant in circumstances. Zahoor Ahmad v. The State PLD 2007 Lah. 231 and Rahim Tahir v. Ahmed Jan PLD 2007 SC 423 ref. Muhammad Safdar v. Edward Henry Louis 2009 PLD SC 404…

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