Law: Illegal Dispossession Act, 2005

Section: 3

(a) Illegal Dispossession Act (XI of 2005)---.--- ---.---S. 3---.---Illegal dispossession---.---Ingredients or elements of---.---Ingredients or elements of S.3(1) of Illegal Dispossession Act, 2005 were that accused entered into or upon any property without having any lawful authority to do so and with intention of dispossession of or grabbing, controlling or occupying the property from the owner or occupier thereof. (b) Illegal Dispossession Act (XI of 2005)---.--- ---.---S. 3---.---Illegal dispossession---.---Proof of---.---Applicant who claimed to be owner of house in question had alleged that on request of the respondent, who was brother of her husband, she gave half portion of her house for a limited period as his house was under construction, but later on he refused to vacate the portion of her house and he dispossessed her---.---Trial Court on filing complaint by the applicant concluded that as the applicant had herself willingly granted permission to the respondent to use half portion of her house, had allowed him entry and access to the same; and that no offence under S.3 of Illegal Dispossession Act, 2005 was made out and her complaint was dismissed---.---Respondent had entered the house after having been permitted to do so by the applicant, the owner/occupier of the house in question, inother words, respondent did have authority to enter upon the property---.---House in question comprised one composite unit and was not divided into and could not be regarded as comprising two or more distinct parts---.---By granting permission to the respondent to enter the house and use one room and other facilities therein, the applicant in effect gave him permission to enter upon the entire property---.---Close family relationship between the applicant and respondent must also be kept in mind and it could not be said that by not limiting himself to the portion made over to him, but also entering upon the remaining portion of the house, respondent had committed an offence under S.3 of Illegal Dispossession Act, 2005---.---In allowing the respondent to enter upon a part of the house, applicant, in effect accorded him permission to enter upon the whole of the…

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