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NIAZ MOHAMMAD (DECEASED) vs UMER KHAYAM Ss — 2022 PCrLJN 14 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 14 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
NIAZ MOHAMMAD (DECEASED) vs UMER KHAYAM Ss
Subject matter
Civil
Provisions referred to
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

NIAZ MOHAMMAD (DECEASED) VS UMER KHAYAM Ss. 3 & 4---Illegal dispossession---Pre-requisite---Forcible dispossession---Scope---Complainant claimed ownership on the basis of sale agreement, allotment order and possession order issued by the Housing Society and stated that his son, who was also his attorney, came to the city and found the respondents in occupation of the property---Trial Court dismissed the complaint, inter alia, on the ground that on the basis of utility bills and the statement of neighbourer, respondent seemed to be in possession of the property since 2002---Validity---Basic ingredients for setting into motion the provisions of Illegal Dispossession Act, 2005 were lacking in the present case as it was not the case of complainant that he was in possession of the property and that the respondents on certain date and specific time illegally entered the property in question and forcibly or illegally dispossessed him therefrom---Respondents had been in possession of the premises for a considerable period which was even admitted by the complainant by stating that due to non-payment of utility bills by respondents their gas and electricity connections were disconnected---Nowhere in the entire complaint, complainant had alleged his illegal or forcible dispossession at the hand of respondents---Application, being meritless, was dismissed.

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