Law: Illegal Dispossession Act, 2005

Section: 3

Law: Criminal Procedure Code (V of 1898)

Section: 417

Illegal Dispossession Act (XI of 2005)--- ----S.3---Criminal Procedure Code (V of 1898), S. 417---Appeal against acquittal---Appellant/complainant had alleged that he was in possession of the shop in question for the last 15/16 years and was running his business therein and respondent had illegally dispossessed him from the shop---Validity---Appellant was not the owner of the shop in question which was situated in a Katchi Abadi and he himself was the land grabber over a Government land---Possession of appellant over the Government land in any way could not be termed to be lawful possession over the shop in question---Appellant himself being not the lawful owner or occupier of the property in question, he could not seek protection, under the provisions of Illegal Dispossession Act, 2005. Mamoona Bano v. S.H.O., Police Station Al-Falah and others SBLR 2007 Sindh 1047 rel. THIS ORDER PASSED BY: ARSHAD NOOR KHAN, J.--- This appeal has been directed against the judgment, dated 14-7-2007, passed by the learned 1st Additional Sessions Judge, Malir, Karachi, in direct Complaint No.5 of 2005 (Muhammad Arshad v. Sultan Murree), whereby the direct complaint under section 3 of Illegal Dispossession Act, 2005, "hereinafter shall be referred to as the Act, 2005", was dismissed and respondent No.1 was acquitted from the charge. The facts leading rise to the present appeal in brief are that the appellant is running his business of auto parts in the name and style of Arshad Autos in a shop situated at Yousaf Goth, Main National Highway, Karachi, for the last about 15/16 years and is paying electricity charges, telephone bills, income tax, shop tax to various departments. On 11-8-2005, land grabbers illegally and forcibly dispossessed him from the shop in question and the appellant filed direct complaint before the learned lower Court. The learned lower Court after preliminary inquiry took the cognizance of the matter and processes were issued against respondent No.1 Both the parties led the evidence in support of their respective claims before the learned lower Court and the learned lower Court after appraisal of the evidence, brought on record, acquitted respondent No.1 from…

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