MUHAMMAD RAFIQUE vs TASADAQ HUSSAIN S — 2022 MLD 1232 ISLAMABAD

Case information

Citation: 2022 MLD 1232 ISLAMABAD
Court: Islamabad High Court
Year: 2022
Reporter: MLD
Parties: MUHAMMAD RAFIQUE vs TASADAQ HUSSAIN S
Subject matter: Civil
Provisions referred to: S. 3---P; 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

MUHAMMAD RAFIQUE VS TASADAQ HUSSAIN S.3---Prevention of illegal possession of property, etc.---Scope---Issues which fall for decision under Illegal Dispossession Act, 2005, would be whether the offence against lawful owner or occupier, as described in the complaint, has taken place and whether it is the accused who has committed it without any lawful authority, while no past record of the accused needs to be gone into by the Court---Essentials to constitute an act as an offence under the Illegal Dispossession Act, 2005, it is obligatory for the complainant to enjoy lawful ownership or possession at the time of alleged dispossession, at the hands of the accused through an unlawful course---Determination of the ownership or otherwise of the subject matter in a complaint is not the exclusive job to be conducted, rather the complaint also covers illegal dispossession having lawful occupation of the disputed property---Underline principle of deciding a complaint under the Illegal Dispossession Act, 2005, the complainant has to prove that the land was in his possession and that he was illegally and without due course of law was dispossessed from the said land with specific reference to time and date.

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