2007 PLP 1730 (MLD)
Mrs. FAKHRUNNISA — Applicant Versus THE STATE — Respondent
| Citation | 2007 PLP 1730 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Mrs. FAKHRUNNISA — Applicant Versus THE STATE — Respondent |
| Primary Law | Illegal Dispossession Act (XI of 2005) |
Q1: What are the key laws and sections cited in 2007 PLP 1730 (MLD)?
This judgment primarily cites: Illegal Dispossession Act (XI of 2005) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 1730 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1730 (MLD) (Mrs. FAKHRUNNISA — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 4
Dismissal of complaint on the ground that provisions of Illegal Dispossession Act, 2005 were not applicable to the allegations as contained in the complaint and were beyond the preview of said Act
Petitioner/complainant allegedly was dispossessed from the premises by respondent in December, 1998, whereas Illegal Dispossession Act, 2005 was promulgated on 6th July, 2005, having no retrospective effect
Said Act, in circumstances was not applicable to the matter in question because no provision of said Act was given any retrospective effect for the cause of action accrued as back as in 1998.
Judgment & Decree
MRS. YASMIN ABBASEY, J.
This revision has been filed by applicant Mrs. Fakhrunnisa against the order, dated 23-9-2005 passed by VI-Additional Sessions Judge, Karachi (South) dismissing the complaint of applicant moved under section 4 of Illegal Dispossession Act, 2005 on the ground that learned Judge without. directing the S.H.O. concerned to investigate the matter has disposed of the petition on the ground that applicant could not produce title documents of the property as called for by him and the provisions of said Act are not applicable to the allegations as contained in the said complaint and are beyond the purview of said Illegal Dispossession Act, 2005.
1. It is contended by the learned counsel for applicant that after promulgation of Illegal Dispossession Act, 2005 on 6-7-2005 District Judge was competent to investigate the matter wherein an owner or occupier of a property had been dispossessed or control of it had been taken over by him. At the same moment, it is pointed out by him that a Civil Suit bearing No. 198 of 2001 for possession and mense profit has also been filed by him against the opponent in respect of the very property and same is still pending in Court. Hence the two parallel proceedings for the same relief of possession of property are not maintainable. Even otherwise as per statement counsel of applicant, he was dispossessed from the premises by respondent with the collusion of applicants, tenant since December, 1998 whereas the Act, XI of 2005 was promulgated on 6th July, 2005 having no retrospective effect. Mrs. Raana Khan appearing for State has opposed this revision on the ground that this Act is not applicable in the matter because any provisions of this Act does not show any retrospective effect for the cause of action accrued as back as in 1998. In view of the above reason, the revision application is hereby dismissed in limine: H.B.T./F-13/K???????????????????????????????????????????????????????????????????????????????????? Revision dismissed.