2020 YLRN 131 KARACHI-HIGH-COURT-SINDH

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BARKAT ALI VS Mst. NASEEM Ss. 3, 4 & 7(1)---Prevention of illegal dispossession of property---Restoration of possession--- Appreciation of evidence---Complainant/respondents purchased the disputed plot on which the accused persons/ appellant party was in illegal possession and also harassing the complainant party/ respondents---Complainant party/respondents filed civil suit against the applicant which was decreed and the same was not challenged by the applicant party---Applicant party filed civil suit for specific performance of contract but said suit was dismissed as withdrawn---Later on, applicant party filed civil suit, which was dismissed under O.VII, R.11, C.P.C.---Such order had also not been challenged by the applicant party before any competent forum---Complainant party/respondents filed application under S.7(1) of Illegal Dispossession Act, 2005 for eviction the accused persons and directing them to handover the possession of disputed plot---Trial Court disposed of the application with warning to accused persons/appellants to stop harassing and humiliating the complainant party/respondents as the claim of the accused persons/ applicant party was disproved and directed the accused persons to handover the possession of the disputed plot within 15 days otherwise the complainant would be entitled to get possession of the disputed plot through legal agency---Validity---Relief could not be granted to hold retention of ill-gotten gains even if for technical reasons impugned order was not strictly justifiable---Trial Court, in the present case, had not committed any illegality or material irregularity while passing the order and had rightly disposed of the criminal complaint and fully justified to issue directions to the accused persons/applicants to handover the possession of the disputed plot to the respondents, which order was maintained by the High Court---Criminal revision being devoid of merits was dismissed, in circumstances.