Law: Illegal Dispossession Act, 2005

Section: 3

(a) Illegal Dispossession Act (XI of 2005)--- ----S. 3---Constitution of Pakistan (1973), Art.199---Constitutional petition---Scope of Illegal Dispossession Act, 2005---Complaint filed by the petitioner against the respondents for having been illegally dispossessed from his shops had been dismissed by the Sessions Court in limine on the ground that one respondent was the real brother of the petitioner and that the shop in question had been sold in favour of the petitioner by means of a registered sale-deed---Impugned order had given the impression that if a brother had illegally dispossessed his brother, the Illegal Dispossession Act, 2005, would not be attracted and further that the said Act would also not come into play if the property had been procured by any of the parties by means of a registered sale-deed---Validity---Such view expressed by the Sessions Court could not be accepted---Illegal Dispossession Act, 2005, covered all cases of illegal occupants without any distinction except those which were already pending before any other forum---Impugned order was consequently set aside, the complaint of the petitioner would be deemed to be pending before the trial Court and the same was directed to be decided strictly in accordance with law---Constitutional petition was accepted accordingly. Rahim Tahir v. Ahmed Jan and 2 others PLD 2007 SC 423 ref. (b) Illegal Dispossession Act (XI of 2005)--- ----S. 3---Scope---Illegal Dispossession Act, 2005, covers all cases of illegal occupants without any distinction except those which were already pending before any other forum. Rahim Tahir v. Ahmed Jan and 2 others PLD 2007 SC 423 ref. JUDGMENT M. BILAL KHAN, J.---Iftikhar Ahmad son of Abdul Ghani Butt, the petitioner, by filing this constitutional petition, has challenged the order dated 20-2-2006 passed by the learned Session Judge, Sialkot, whereby his complaint under the Illegal Dispossession Act, 2005 filed against respondents Nos. l to 3, namely, Zulfiqar Ali son of Abdul Ghani Butt, Khurram Shehzad and Umar Shehzad sons of Inam Ullah, had been dismissed. 2. Precisely the facts giving rise to this petition were that the petitioner had filed a complaint under the…

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