Citation Name: 2025 PCrLJ 162 KARACHI-HIGH-COURT-SINDHBookmark this Case Dr. Zaib-un-Nisa vs Mudasar Shabbir S

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Citation Name: 2025 PCrLJ 162 KARACHI-HIGH-COURT-SINDHBookmark this Case Dr. Zaib-un-Nisa VS Mudasar Shabbir Ss. 3, 4, 5, 6 & 7---Illegal dispossession of property---Family dispute---Non-applicability of Illegal Dispossession Act, 2005---Petitioner/complainant was aggrieved of order passed by Trial Court whereby, the complaint was dismissed on the premise that the family of the applicant could not be booked under Illegal Dispossession Act, 2005, as main respondent was her real mother---Validity---In the present case both the parties were at loggerhead and claimed and counter claimed---In such a situation prima facie it could not be said at present stage that whether the case fell within the definition of Illegal Dispossession Act, 2005, therefore, at present stage, the proceedings under the said Act could not be taken to its logical end until and unless it was decided whether the applicant had sold out his land to the private respondent or otherwise as both the parties relied upon certain documents which needed to be appreciated by the trial Court having plenary jurisdiction---Illegal Dispossession Act, 2005, does not apply to run-of-the-mill cases of alleged dispossession from immoveable properties by ordinary persons having no credentials or antecedents of being property grabbers/Qabza Group/land mafia, i.e. cases of disputes over possession of immovable properties between co-owners or co-sharers, between landlords and tenants, between persons claiming possession based on inheritance, between persons vying for possession based on competing title documents, contractual agreements or revenue record or cases with a background of an on-going private dispute over the relevant property---Further a complaint under the Illegal Dispossession Act, 2005, cannot be entertained where the matter of possession of relevant property is being regulated by a civil or revenue Court---In the present case, both the parties were one family, however, due to the application of the Illegal Disposition Act, 2005, on the plea that petitioner purchased the property from the original owner through a sale deed, the same assertion had been denied by the respondents and that issue could be resolved through civil proceedings---No illegality/infirmity or material irregularity was found in the impugned judgment, as such the same did not warrant any interference by the High Court---Criminal Appeal was dismissed, in circumstances.

Citation Name: 2025 PCrLJ 162 KARACHI-HIGH-COURT-SINDHBookmark this Case Dr. Zaib-un-Nisa vs Mudasar Shabbir Ss — 2025 PCrLJ 162 KARACHI-HIGH-COURT-SINDH

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