2011 PLD 624 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD USMAN S. MEMON VS IVTH ADDITIONAL DISTRICT AND SESSIONS JUDGE, HYDERABAD Illegal Dispossession Act 2005--3 , Illegal Dispossession Act 2005--7 , Ss. 3 & 7---Offence of illegal dispossession---eviction and mode of recovery of possession as an interim relief---Scope---Four points, could be made with regard to subsection (1) of S.7 of Illegal Dispossession Act, 2005; firstly, the jurisdiction conferred thereby was exercisable during the trial, and not before; interim relief could be granted even while the trial was still in progress i.e. even before it was established whether accused had committed the offence under S.3 of Illegal Dispossession Act, 2005; secondly, if subsection (1) of S.3 of Illegal Dispossession Act, 2005 was found to be applicable, then the court must provide the interim relief specified therein; thirdly, it was only necessary for the court to form a prima facie opinion and finally, what the court must be satisfied (prima facie) of was simply that' accused was "not in lawful possession" of the property---Offence under S.3 of Illegal Dispossession Act, 2005, could only be established at the conclusion of the trial---Intent behind S.7 of Illegal Dispossession Act, 2005 was to grant interim relief during the course of the trial.