Citation Name :
2012 PCrLJ 581 LAHORE-HIGH-COURT-LAHORE
Side Appellant :
Mst. NEELAM PARVEEN
Side Opponent :
State
Ss 3 & 4---Criminal Procedure Code (V
of
1898), 5.200---Prevention
of
illegal
possession
of
property---Complaint against---Claim
of
the petitioner/complainant was that she was widow
of
owner
of
disputed property and that after the death
of
her husband, she remained in touch with the property till 1995, but thereafter, the respondents/accused had grabbed her
land
with connivance
of
previous owners---Respondents/accused also claimed themselves to be the bona fide purchasers
of
the disputed
land
through
mutation sanctioned in their favour after fulfilling all the legal
requirements---Matter in issue, in circumstances, seemed to be a civil
dispute between the parties and petitioner could get her
possession
restored by setting the civil law into motion---Best way for the petitioner was to file civil suit for restoration
of
her ownership or the alleged
possession
and not institution
of
private complaint under Illegal Dis
possession
Act, 2005---Petitioner had herself admitted in her private complaint that she was not in physical
possession
of
land
in dispute and the allegation levelled by her that she was dispossessed by using force, was altogether contrary to the facts
of
the
case---Respondents possessed mutation in their favour, which had shown
that they did not belong to Qabza group or were hardened
criminals---Even the contents
of
the complaint, instituted by the petitioner, did not have any such allegations, which fell within the ambit
of
S.3
of
Illegal Dis
possession
Act, 2005---No jurisdictional infirmity, illegality
of
approach, irregularity
of
procedure or perversity
of
reasoning had been found, so as to warrant interference
of
High Court in revision in the impugned order---Petition was declined.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.