Nawab vs Ihsan Ali Khan Ss — 2025 MLD 633 KARACHI-HIGH-COURT-SINDH

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Nawab VS Ihsan Ali Khan Ss. 3, 4, 5, 6 & 7---Criminal Procedure Code (V of 1898), S. 439---Illegal dispossession of property---Appreciation of evidence---Civil litigation---Scope---Allegation against accused/respondents was that they illegally dispossessed the applicant and his brother issuing threats of murder---Complaint filed by the applicant/complainant was dismissed---Validity---Record reflected that the applicant/complainant purchased the subject land from the respondent in November 2020 through a sale agreement dated 20-11-2020, and the possession thereof was handed over to the applicant/complainant at that time on part payment, while the remaining amount was to be paid by the applicant in installments---Execution of the agreement, part payment of consideration amount and the possession in pursuance of the sale agreement was admitted by respondent No 1---Possession of subject land was protected by law, even in cases where full ownership had not yet been transferred---Complainant had been in possession in pursuance of the sale agreement and no clause in the agreement explicitly allowed the respondent to reclaim possession forcibly in case the full payment had not been made---Respondent could not take possession by force---Instead, legal proceedings would have to be initiated---Forceful eviction of the complainant would generally be not permissible under law without a Court order---Record showed that respondent No. 1 filed a suit for declaration, cancellation of agreement, possession and permanent injunction and the applicant also had filed a suit for specific performance of a contract, which was pending adjudication in the Civil Court---As long as the suits were pending, the Trial Court was the proper forum for resolving disputes regarding the terms and conditions of the sale agreement---Taking possession without the Court's order would violate the principle of due process, which ensured that legal disputes were settled through a fair trial, not force or unilateral action---Thus, no one was allowed to take possession by force while the suits were pending in the Court---Respondent must wait for the Court's decision on the matter and any dispossession without the Court's order was illegal and unlawful---Provisions of the Illegal Dispossession Act, 2005, were applicable universally and were not confined solely to cases involving land grabbers or individuals with mala fide intent---Determination of civil rights, ownership, contractual obligations or any other related matters under the pending civil suit remained within the exclusive domain of the civil Court---Findings or directions in the present judgment shall not prejudice or influence the outcome of those proceedings---Civil Court shall independently adjudicate upon the issues before it based on the evidence and arguments presented in accordance with the applicable law, free from any inference drawn from this judgment---In view of the foregoing, the impugned order of the Trial Court was set aside---Cognizance of the matter was deemed to have been taken under the provisions of the Illegal Dispossession Act, 2005---Criminal revision petition was disposed of.

Nawab vs Ihsan Ali Khan Ss — 2025 MLD 633 KARACHI-HIGH-COURT-SINDH

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