67/2016 Cr.Rev ALEEMUDDIN S/O ABDUL QAVI (Applicant) V/S BALBAN HAMEED & ORS (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 18-APR-17
Illegal Dispossession Act (XI of 2005)--- ----Ss. 3 & 4---Illegal dispossession---Appreciation of evidence---Complainant had alleged that he was absolute and exclusive owner of the suit property being purchaser of the same---Proposed accused persons/respondents had encroached upon the same without any lawful authority---Record showed that complaint was filed along with the report of police inquiry---Documents annexed with the criminal revision against the proposed accused persons/respondents were copies of documents from an earlier complaint, which was dismissed---Basic ingredients of a complaint in terms of S. 3 of the Act were missing---Allegation of use of force for dispossession of the appellant/ complainant from the premises in question was not mentioned anywhere in the complaint---Even date of dispossession was not given in the memo---Allegedly, plot was purchased by complainant from attorney of the original owner but power of attorney was not on the record---Complainant was not in possession of suit plot for over twenty years as the plot was not demarcated---Earlier complaint of complainant/appellant was dismissed and if he was aggrieved by the disposal of his earlier complaint, he should have filed appeal/revision---Filing a fresh complaint on the same facts was not permissible---Circumstances established that dispute, in the present case, of civil nature and could only be resolved in civil court---Application was, therefore dismissed 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.
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