PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

IMAM BUX vs ALI MUHAMMAD Ss — 2023 YLRN 44 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 YLRN 44 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
IMAM BUX vs ALI MUHAMMAD 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

IMAM BUX VS ALI MUHAMMAD Ss. 3 & 4---Constitution of Pakistan, Art. 10-A--- Prevention of illegal possession of property---Right to fair trial--- Direction to demarcate the property--- Scope--- Applicant assailed order passed by Trial Court whereby applicant was acquitted of the charge under Ss. 3 & 4 of Illegal Dispossession Act, 2005, but a direction was issued to the Mukhtiarkar to demarcate the disputed land and put the complainant in possession whereof, if the applicant was found to be in its possession---Case of complainant was that the applicant had occupied his property by dispossessing him but the complainant had failed to prove such assertion beyond shadow of doubt---Trial Court had no jurisdiction to issue direction to the Mukhtiarkar and that too without providing chance of hearing to either of the parties on that particular point, which was against the mandate of Art. 10-A of the Constitution---Trial Court had assumed the jurisdiction of civil/revenue court, which was authorized under the law to resolve such dispute between the parties---Impugned judgment was set aside to the extent of direction to Mukhtiarkar---Application was disposed of accordingly.

Back to the case-law library · Search Pakistani case law in Urdu or English