Law: Illegal Dispossession Act, 2005

Section: 3

Law: Criminal Procedure Code (V of 1898)

Section: 439

Illegal Dispossession Act (XI of 2005)--- ----S. 3---Criminal Procedure Code (V of 1898), S.439---Illegal dispossession---Applicant being aggrieved of encroachment by his tenant, moved District Court under Illegal Dispossession Act, 2005---Applicant had stated that respondent who was tenant of applicant, had constructed rooms with bathroom adjacent to flats of applicant and thereby had encroached upon the land of the applicant Trust---Application was dismissed on the ground that respondent was not a land grabber and her possession of room did not fall within the meaning of "illegal possession"---Explanation given by the respondent for construction of room in question had no force as she could seek adjustment from landlady in respect to the rent of the premises--Respondent being a tenant could not be allowed to construct at her own additional room without any approval of applicant Trust---Respondent was illegally holding additional extended place and her occupation in respect to that extended portion was quite illegal, Trial Court was not justified to dismiss application of the applicant without apprehending the true wording of the law---Impugned order was set aside with the direction to proceed with the matter in accordance with law. PLD 2007 SC 427 ref. THIS ORDER PASSED BY: MUNIB AHMAD KHAN, J.--- The controversy coming in this application is that the applicant being aggrieved of encroachment by his tenant moved the District Court under Illegal Dispossession Act, 2005. According to the applicant, the respondent No.2 is tenant in respect of Flat Nos. 109 and 110 and a rent proceeding has been filed in respect to this tenement. He submits that over and above the boundary of these flats, the respondent has constructed rooms of 18 x 12 with bathroom adjacent to these flats and thereby has encroached upon the…

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