ADEEL ZAHOOR MALIK vs ABDUL SATTAR SHAIKH S — 2023 YLR 187 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 YLR 187 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: YLR
Parties: ADEEL ZAHOOR MALIK vs ABDUL SATTAR SHAIKH S
Subject matter: Civil
Provisions referred to: S. 3---P; Scope---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

ADEEL ZAHOOR MALIK VS ABDUL SATTAR SHAIKH S. 3---Prevention of illegal possession of property---Scope---Illegal Dispossession Act, 2005, being special law, shall have application only where the ingredient(s) thereof are, prima facie, satisfied/ existing---Every case of "dispossession" shall not necessarily fall within ambit of the Act but only cases of "illegal dispossession" shall fall within ambit of the Act---Every "dispossession" is not 'illegal' because where the dispossession of one is under a legal course/action or lawful order, the same shall always qualify the term 'lawful dispossession' which (lawful act) shall not be liable for penal action---Any other view shall cause failure of law and legal course, meant to have a wrongful possession removed/ dispossessed, by resort to available lawful remedies which, even, includes the one permitted under the 'Act', which, one while raising such plea in every case of 'dispossession' must keep in mind.

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