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ZAINULLAH vs Mst — 2021 PCrLJN 18 PESHAWAR-HIGH-COURT

Case information

Citation
2021 PCrLJN 18 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2021
Parties
ZAINULLAH vs Mst
Subject matter
Criminal
Provisions referred to
S. 3---P; S. 3; Illegal Dispossession Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ZAINULLAH VS Mst. TARAJA BEGUM S. 3---Prevention of illegal dispossession of property---Scope---Petitioners assailed their conviction under S. 3 of Illegal Dispossession Act, 2005---Complainant's case was that she was handed over the possession of suit property through warrant of possession but after three days she was dispossessed by the petitioners---Girdawar Circle stated that no warrant of possession was issued by the Revenue Officer for the relevant date; that he had not taken over the possession from the judgment-debtor of the partition proceedings; that he had not given any notice to the petitioners for execution and that the complainant was not present at the time of execution proceedings but her husband was present---Complainant had failed to prove her possession over the suit property by convincing, concrete and direct evidence rather there were contradictions in the statements of prosecution witnesses thus, there remained no case for recovery of possession against the petitioners---Constitutional petition was allowed and the impugned judgment was set aside, in circumstances.

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