67/2016 Cr.Rev ALEEMUDDIN S/O ABDUL QAVI (Applicant) V/S BALBAN HAMEED & ORS (Respondent)

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.