2019 MLD 1840 KARACHI-HIGH-COURT-SINDH

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GHULAM HYDER VS CHUTTAL KHAN Ss. 3 & 7---Prevention of illegal possession of property---eviction and mode of recovery of possession as interim relief---Scope---Complainant, in order to avail the benefit of S. 3 of Illegal Dispossession Act, 2005 has to prima facie establish before the court that he is lawful owner or was occupier of the subject property; that accused had entered into or upon the said property without having any lawful authority; that the accused had done so with the intention to dispossess or to grab or to control or to occupy the said property---Order as an interim relief regarding restoration of the possession of the subject property to the complainant under the provisions of section 7 of Illegal Dispossession Act, 2005 can only be passed when prima facie it is established to the satisfaction of the court that the complainant is a lawful owner of the subject property; that he was illegally and forcibly dispossessed by the accused and that the accused is in an unlawful possession of the subject property.