Law:

Section:

Illegal Dispossession Act, 2005- ----S. 3--Constitution of Pakistan, 1973, Art. 199--Provision--Possession was taken forcibly--Effect--Miscarriage of Justice--Disregard of evidence--Complaint was dismissed--Assailed--Petitioner admitted that possession was never been recorded in any of the Khasra Girdawaries fact was accepted that Khasra Girdawari of such land had been recorded in accused's name--Civil suit was pending between the parties in which an injunctive order had been passed in favour of accused by Civil Court--Petitioner had not been able to substantiate his claim of being illegally dispossessed by respondents from such property--Petitioner had failed to bring on record any evidence to the effect that respondents had the antecedents of property grabbers or that they belonged to a "Qabza Group" which is a sine qua non for applicability of the provisions of Illegal Dispossession Act--Additional Sessions Judge was justified in dismissing the complaint filed by the petitioner as the provisions of S. 3 are prima facie not attracted in the case--Petitioner had not been able to point out any illegality, infirmity or jurisdictional error in the impugned order--Petition dismissed. [Pp. 729 & 730] A, B, C & D Order Through this petition, the petitioner has assailed the orders of the learned Addl. Sessions Judge Jhang dated 5.6.2006 whereby the complaint filed by him under Section 3 of the Illegal Dispossession Act, 2005 was dismissed. 2. The brief facts of the case are that the petitioner filed a complaint under the provisions of Illegal Dispossession Act on the allegations that Respondents Nos. 2 to 17 on 28.9.2005 had forcibly taken over possession of the land measuring 67 kanals 7 Marlas belonging to the petitioner. The learned Addl. Sessions Judge sought a report from the SHO P.S. Massan District Jhang in which the stand taken by the petitioner was affirmed and consequently Respondents Nos. 2 to 17 were summoned by the Court to stand trial. After framing of the charge, to which the said respondents pleaded not guilty, the learned trial Court proceeded to record the evidence of the parties and at the conclusion of the trial dismissed the complaint. 3.…

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