145/2014 Cr.Rev JAVAID IQBAL @ KHALID MAHMOOD (Applicant) V/S THE STATE & 06 OTHERS (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 29-APR-15
Illegal Dispossession Act (XI of 2005)--- ----Ss. 3, 4, 5, 7 & 8---Constitution of Pakistan, Arts. 4 & 10A---Illegal dispossession---"Offender" as defined in S.3, Illegal Dispossession Act, 2005---Scope--- Dismissal of complaint---Petitioner, who was tenant in shop in question, was forcibly and unlawfully dispossessed by the landlords on the pretext that petitioner had not paid utility bills of the shop in question---Respondents after dispossessing the petitioner, locked the shop---Trial Court dismissed the complaint filed by the petitioner against his illegal and unlawful dispossession, without even going for the trial simply on the ground that petitioner did not fall within the definition of offender as given in S.3 of Illegal Dispossession Act, 2005---Trial Court while passing impugned order failed to assign any reason---If respondents were of the view that, the petitioner was guilty of non-payment of utility bills of the shop, they were not supposed to take law in their hands---Respondents could file case for ejectment of the petitioner/tenant in terms of S.15 of the Sindh Rented Premises Ordinance, 1979, but, instead they chose to apply force to dispossess the petitioner---Petitioner, was deprived of fundamental rights guaranteed to him under Arts.4 & 10-A of the Constitution---Order passed by Trial Court, was set aside and case was remitted, with directions that complaint filed by the petitioner, be disposed of after framing charge, and recording evidence of all the parties, mentioned in the Police report or any other witness, that parties could choose to bring in support of their case---Pending proceedings, possession of shop in question should be handed over to the petitioner, in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.