MUHAMMAD ARSHAD BHATTI and another vs MUHAMMAD BUX and another
This criminal revision application arises from the dismissal of an application filed under the Illegal Dispossession Act, 2005, by the III Additional Sessions Judge, Malir, Karachi. The trial court had dismissed the application on the premise that the underlying dispute between the parties was of a civil nature, noting the pendency of a civil suit. The core legal question was whether the trial court erred in dismissing the application for illegal dispossession solely on the grounds of a pending civil dispute, despite police reports indicating forcible occupation. Upon review, the High Court held that the dismissal was without legal justification given the evidence of forcible occupation and the applicants' status as allottees. The Court allowed the revision application, setting aside the dismissal order, and remanded the matter to the trial court for a decision on the merits. The Court established the principle that the mere existence of a civil suit does not automatically preclude proceedings under the Illegal Dispossession Act, 2005, where there is prima facie evidence of illegal and forcible dispossession requiring judicial determination.
- Can a trial court dismiss an application under the Illegal Dispossession Act, 2005, solely because a civil suit is pending between the parties?
- Is a police report regarding forcible occupation relevant to proceedings under the Illegal Dispossession Act, 2005?
- Does the pendency of a civil suit automatically bar proceedings under the Illegal Dispossession Act, 2005?
- Section 439-A, Code of Criminal Procedure 1898
- Section 3, Illegal Dispossession Act 2005
- Section 4, Illegal Dispossession Act 2005
ORDER
1. ' SALMAN ANSARI, J.---This Criminal Revision Application under section 439-A, Cr.P.C. Has been filed by the applicants who being aggrieved and dissatisfied with the order of the III Additional Sessions Judge, Malir Karachi, who dismissed the Illegal Dispossession Application No,11/2007, under sections 3/4 of Illegal Dispossession Act, 2005 with the observation that the dispute between the parties was of a civil nature and that a civil suit being pending between the parties under such circumstances dispute appears to be a civil nature hence by order dated 5-9-2007 was dismissed hence this Criminal Revision Application.
2. ' Heard the learned counsel for the applicant who has contended that the police report in respect of the inspection conducted by the S.H.O, Police Station Bin Qasim, Karachi shows that the respondent Muhammad Bux, illegally and forcibly occupied the Plot Nos. 344 and 345 of the applicants Muhammad Arshad Bhatti and Muhammad Aslam Bhatti, hence dismissal of the application by the Sessions Court was without any legal justification and the matter may be remanded for disposal on the merits of the case.
3. ' No one had appeared for the respondent No,1 Muhammad Bux while Ms. Farkhanda Mangi, Advocate appearing for the State.
4. Taking into consideration the averments raised by the learned counsel for the applicants and that they were proper allottees of the plots, the copies of the `Sanad' have been attached and the report' of the S.H.O. Police Station Bin Qasim, that respondent Muhammad Bux has forcibly occupied the said plots, I allow this Criminal Revision Application and remand the matter back to the Sessions Court with directions that the matter may be heard and decided according to the merits of the case which appears to be a case of illegal dispossession. The trial Court is at A liberty to record whatsoever evidence necessary to determine the status of the parties. This exercise should be completed within a period of three months from the receipt of the order. This Criminal Revision Application is disposed of accordingly.