2021 PCrLJN 38 KARACHI-HIGH-COURT-SINDH

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ANANT KUMAR PARSHOTAM VS MEMBERS OF THE MANAGING COMMITTEE, SWAMI NARAYAN TEMPLE TRUST S. 3---Prevention of illegal possession of property---Scope---Respondents filed eviction petition regarding tenement adjoining (tenement) to that of appellant's, which was ultimately allowed but the tenant's attorney (the Attorney) while delivering possession of the tenement also delivered possession of the cabin of appellant---Respondents conceded that the cabin was in possession of appellant's father as tenant; that the cabin was not covered by the decree; that they intended to receive possession only of the tenement and that the matter of cabin was between appellant and the Attorney---Attorney contended that the cabin was part and parcel of the tenement and had been in his use as such since long---Appellant stated that he left for India in 1992 leaving the cabin with his brother; that his brother also left for India in 1995 leaving the cabin with the Attorney; that his brother came back to Pakistan in 2001 and took possession from the Attorney; that his brother again left for India in 2005 while placing the cabin under his lock; that his brother did not return and passed away in 2007; that in the meanwhile the Attorney took illegal possession of the cabin; that the appellant came back from India in 2008 and demanded possession of the cabin from the Attorney who refused---Held; assuming the statement of the appellant to be true, the complaint was not made against the Attorney but against the respondents---Possession of respondents, through court order, remained intact, such possession of the respondents could not be termed as illegal---Allegation in the complaint did not disclose a case of illegal dispossession within the meaning of S. 3 of Illegal Dispossession Act, 2005---Revision petition was dismissed, in circumstances.