2008 PLD 27 QUETTA-HIGH-COURT-BALOCHISTAN

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ALIA HUSSAIN VS Syed ZIAUDDIN 1996 SCMR 877, Illegal Dispossession Act 2005--7 , S. 7---Complaint under S.7, Illegal Dispossession Act, 2005--Contentions of the petitioner (owner) were that she was a widow and a house wife; that after the death of her husband, she had gone to another city along with her minor children and had closed the house; that respondent had forcibly opened the door and house was occupied---Respondent was confronted with the position who relied on the document (agreement to sell the property in question) which was allegedly executed by the lady and stated that a sum of Rs.10,00,000 was paid and that civil suits had been filed by both the parties and that petition under S.7, Illegal Dispossession Act, 2005 was not maintainable---Record showed that document in question was coined at a later stage and it was never put into investigation nor produced before the Investigating Police Officer, as such it appeared that the plea of agreement to sell was an afterthought---Signatures in the alleged document did not tally with the original signatures of the lady on record, some fraud thus had been played in the matter---Validity---Held, mere execution of agreement would not be sufficient for declining the eviction proceedings---Petitioner lady having made out a prima facie case entitling her to the interim possession under S.7 of Illegal Dispossession Act, 2005, Police was directed to put the lady into possession positively; parties being at litigation, which may continue and present decision shall be subject to final decision in the civil suits pending between the parties---Registrar of the High Court was directed to retain the original document i.e. agreement and original notice, which shall be transmitted to Sessions Judge for enquiry and sending onward the same to the Handwriting Expert.