2009 PLP 1507 (YLR)
MUHAMMAD ARSHAD BHATTI and another — Applicants Versus MUHAMMAD BUX and another — Respondents
| Citation | 2009 PLP 1507 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Salman Ansari, J |
| Parties | MUHAMMAD ARSHAD BHATTI and another — Applicants Versus MUHAMMAD BUX and another — Respondents |
| Primary Law | Illegal Dispossession Act (XI of 2005) |
Q1: What are the key laws and sections cited in 2009 PLP 1507 (YLR)?
This judgment primarily cites: Illegal Dispossession Act (XI of 2005) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 1507 (YLR)?
The case was heard and decided by the Karachi bench comprising: Salman Ansari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1507 (YLR) (MUHAMMAD ARSHAD BHATTI and another — Applicants Versus MUHAMMAD BUX and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- No one had appeared for the respondent No.1 Muhammad Bux while Ms. Farkhanda Mangi, Advocate appearing for the State.
Headnotes / Summary
Ss. 3/4
Prevention of illegal possession of property
Applicants were aggrieved of and dissatisfied with the order of the Addl. Sessions Judge who had dismissed application under Ss.3/4 of Illegal Dispossession Act 2005 with the observation that dispute between the parties was of civil nature
Applicants were proper allottees of the plots in question, the copies of the `Sanad' had been attached and the report of the S.H.O. concerned was that respondent had forcibly occupied said plots
Allowing criminal revision, filed by the applicants against the order of the Addl. Sessions Judge, case was remanded by High Court to the Sessions Court with directions that the matter be heard and decided according to the merits of the case which appeared to be case of illegal dispossession. Muhammad Nawaz Abbasi for Applicants. Ms. Farkhanda Mangi for the State.
Judgment & Decree
SALMAN ANSARI, J.
This Criminal Revision Application under section 439-A, Cr.P.C. has been filed by the applicants who being aggrieved and dis satisfied with the order of the III Additional Sessions Judge, Malir Karachi, who dismissed the Illegal Dispossession Application No.11/2007, under sections 3/4 of Illegal Dispossession Act, 2005 with the observation that the dispute between the parties was of a civil nature and that a civil suit being pending between the parties under such circumstances dispute appears to be a civil nature hence by order dated 5-9-2007 was dismissed hence this Criminal Revision Applica tion. Heard the learned counsel for the applicant who has contended that the police report in respect of the inspection conducted by the S.H.O, Police Station Bin Qasim, Karachi shows that the respondent Muhammad Bux, illegally and forcibly occupied the Plot Nos. 344 and 345 of the applicants Muhammad Arshad Bhatti and Muhammad Aslam Bhatti, hence dismissal of the application by the Sessions Court was without any legal justification and the matter may be remanded for disposal on the merits of the case. No one had appeared for the respondent No.1 Muhammad Bux while Ms. Farkhanda Mangi, Advocate appearing for the State. Taking into consideration the averments raised by the learned counsel for the applicants and that they were proper allottees of the plots, the copies of the `Sanad' have been attached and the report of the S.H.O. Police Station Bin Qasim, that respondent Muhammad Bux has forcibly occupied the said plots, I allow this Criminal Revision Application and remand the matter back to the Sessions Court with directions that the matter may be heard and decided according to the merits of the case which appears to be a case of illegal dispossession. The trial Court is at Liberty, to record whatsoever evidence necessary to determine the status of the parties. This exercise should be completed within a period of three months from the receipt of the order. This Criminal Revision Application is disposed of accordingly. H.B.T./M-27/K Revision allowed.