Citation Name: 2025 PCrLJ 41 KARACHI-HIGH-COURT-SINDHBookmark this Case Barkat Ali vs State Ss — 2025 PCrLJ 41 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 PCrLJ 41 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: PCRLJ
Parties: Citation Name: 2025 PCrLJ 41 KARACHI-HIGH-COURT-SINDHBookmark this Case Barkat Ali vs State Ss
Subject matter: Criminal
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

Citation Name: 2025 PCrLJ 41 KARACHI-HIGH-COURT-SINDHBookmark this Case Barkat Ali VS State Ss. 3 & 5---Illegal dispossession of property---Appreciation of evidence---Civil Court to first decide issue of partition/demarcation of disputed land---Allegation against the accused persons was that they dispossessed the complainant party forcibly from their land---In the present case both the parties were real brothers and were at loggerheads and there appeared to be a civil/revenue/inheritance dispute over some of the portion of the subject land---In such a scenario, the Trial Court ought to have referred the matter to the civil/revenue Court first to decide the issue of partition/demarcation of the subject land rather than convicting the brothers of the complainant under Illegal Dispossession Act, 2005, as there appeared no valid ground to claim that the accused were land grabbers/Qaza Mafia and the Civil Court could easily decide the issue of possession of the land---Thus, appeal against conviction was allowed leaving the parties to resort to the Court of plenary jurisdiction for possession, which shall regulate the affairs of the subject land till final decision.

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