Law: Illegal Dispossession Act, 2005

Section: Preamble,3

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Illegal Dispossession Act (XI of 2005)--- ----Preamble---Extent and scope of Illegal Dispossession Act, 2005---Illegal Dispossession Act, 2005, having no retrospective effect, may not be applicable to the cases of unauthorized occupants pending before any other forum on the date of promulgation of the said Act, but if the case of an illegal occupant was not already pending before any other forum on the date of enforcement of the Act, the same would squarely fall within the ambit of the Act. (b) Illegal Dispossession Act (XI of 2005)--- ----S. 3---Prevention of illegal possession of property etc.---Expressions "Grab, control or occupy" used in S.3 of the Illegal Dispossession Act, 2005, cannot be restricted to the illegal occupants who entered in the premises subsequent to the promulgation of the Act, rather all cases of illegal and unauthorized occupants would be subject to the Illegal Dispossession Act, 2005, except the cases which were pending adjudication before other forums. (c) Illegal Dispossession Act (XI of 2005)--- ----S. 3---Prevention of illegal possession of property, etc.---Nature and scope---Illegal Dispossession Act, 2005, is a special enactment promulgated to discourage the land grabbers and to protect the right of owner and the lawful occupant of the property as against the, unauthorized and illegal occupants---All cases of illegal occupants without any distinction would be covered by the Act, except the cases which were already pending before any other forum. (d) Illegal Dispossession Act (XI of 2005)--- ----S. 3---Constitution of Pakistan (1973), Art.185(3)---Respondent admittedly had been inducted into the premises by a person, who was neither owner nor a lawfully constituted attorney of the owner to have any authority to enter into an agreement of sale on behalf of the owner or deliver the possession of the property to the respondent---Apparently, respondent was an illegal and unauthorized occupant of the premises---Contention that Illegal Dispossession Act, 2005, was not applicable to an illegal occupant who was in occupation of the premises prior to the date of promulgation of the Act, had no substance---Mere filing of the suit…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492