| Citation(s) |
|---|
| 2010 SLG 2805 2010 SLD 2805 2010 SCMR 1254 |
Supreme Court of Pakistan
Criminal Appeal No.423 of 2008, decision dated: 2-12-2009
ANWAR ZAHEER, JAMALI, KHILJI ARIF HUSSAIN AND RAHMAT HUSSAIN, JAFFERI, JJ
Criminal Appeal No.423 of 2008, decision dated: 2-12-2009
ANWAR ZAHEER, JAMALI, KHILJI ARIF HUSSAIN AND RAHMAT HUSSAIN, JAFFERI, JJ
MUMTAZ HUSSAINVs.Dr. NASIR KHAN and others
Law:
Section:
RAHMAT HUSSAIN JAFFERI, J.---On 28-11-2008, this Court granted leave to appeal to consider the following questions: "(i) whether a Court exercising jurisdiction under the Illegal Dispos session Act, 2005 is empowered to examine the question of title as to property or whether its jurisdiction is premised only upon the Act of illegal dispossession of the person in possession; and (ii) whether a complaint under the Act can only be filed against land grabbers and a person claiming bona fide title of the property is not amenable to the jurisdiction of the Court under the Act despite having dispossessed an occupant forcibly and without following the due process of law?" Brief facts, out of which the present appeal has arisen, are that on 14-7-2007, the appellant filed an application under section 4 of Illegal Dispossession Act, 2005 (hereinafter referred to as `the Act') claiming to be the owner along with his wife in respect of plot bearing Nos.B-29 and B-30, measuring 135 Sq. Yards, Survey No.83 situated in Kehkashan Housing Project, Deh. Digh, Tapo Malir, Taluka and District Karachi East (hereinafter referred to as `the property'). It was alleged that, on 23-7-2007 respondents Nos. 1 and 2 dispossessed the appellant and his family from the property, therefore, he prayed for taking action against them. The respondents contested the case by filing detailed reply claiming to be the owner of the property and denied the allegation of dispossession by them. A perusal of the record reveals that before the filing of application under section 4 of the Act, there was civil litigation between the parties in which their titles were questioned and status quo order was passed by the Court, as such it is an admitted fact that during the pendency of civil litigation, the present proceedings were filed. Keeping in view the background, this Court granted leave to appeal to consider the questions reproduced hereinabove. As important questions were involved, therefore, we issued notice to Messrs Anwar Mansoor Khan and Abid S. Suberi, learned Advocate Supreme Courts, to assist the Court as amici curiae. In pursuance of said notice, Mr.…