2019 YLR 2025 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD AZAM VS NABI BAKHSH S. 7---eviction and mode of recovery as interim relief---Scope---Petitioners assailed order of trial court whereby it allowed the application under S. 7 of Illegal Dispossession Act, 2005 and directed the petitioners to hand over peaceful possession of the disputed property---Validity---Both parties had claimed their ownership and possession over the disputed property---Complainant had relied on revenue record existed in his name---Petitioners claimed that it was their ancestral property; that a house and masjid existed over the disputed land; that revenue record in the name of complainant was a product of fraud/ misrepresentation; that a civil suit regarding disputed property was pending and that earlier complaint filed by complainant's brother was rejected---Held; complainant had to establish his ownership as well as last possession over the land in question and thereafter forcible vacation by accused, being members of land mafia or land grabbers---Impugned order was delivered by over-sighting the relevant record as well as peculiar circumstances of the case---Scope of S.7, Illegal Dispossession Act, 2005 was limited and the court had to form its opinion tentatively without touching the merits of the case, but the Trial Court exceeded such limit by forming its opinion to such extent which amount to final decision of the case---Revision was allowed; order passed by trial court was set aside and the parties were directed to maintain status quo.