| Case ID |
15651e6e-9ae8-40b8-9c30-1bdc91b9b603 |
| Body |
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| Case Number |
W.P. No. 3065 of 2011 |
| Decision Date |
Dec 19, 2012 |
| Hearing Date |
|
| Decision |
The court dismissed the constitutional petition filed by Haji Abdur Rehman against the dismissal of his complaint under the Illegal Dispossession Act, 2005. The court found that the complainant had regained possession of the disputed property and the respondents were abroad, hence incapable of re-occupying the property. The court ruled that the complainant's admission regarding his current possession negated any claims of illegal dispossession, leading to the conclusion that the provisions of the Illegal Dispossession Act were not applicable in this case. The trial court's dismissal of the complaint was upheld as valid, resulting in the dismissal of the petition in limine. |
| Summary |
In the case of Haji Abdur Rehman vs. Ghulam Syed and Noor Sayed, the Peshawar High Court addressed issues surrounding the Illegal Dispossession Act, 2005. The petitioner, Haji Abdur Rehman, filed a complaint alleging forcible possession of his property by his brother and nephew. However, the trial court dismissed the complaint, noting that the petitioner had regained possession and that the respondents were not in a position to re-occupy the property as they were abroad. The High Court upheld this decision, emphasizing that the status of the respondents did not classify them as property grabbers, thus invalidating the complaint under the Illegal Dispossession Act. This case highlights the importance of possession and the legal definitions of dispossession in property disputes, making it significant for legal practitioners and property owners alike. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN FASIH-UL-MULK,
SHAH JEHAN KHAN AKHUNDZADA
|
| Lawyers |
Atlas Khan,
Iqbal Khalil
|
| Petitioners |
Haji Abdur Rehman
|
| Respondents |
Ghulam Syed,
Noor Sayed
|
| Citations |
2013 SLD 1267,
2013 MLD 622
|
| Other Citations |
Zahoor Ahmad and others v. The State and others PLD 2007 Lah. 231,
Mobashir Ahmad v. The State PLD 2010 SC 665,
Habib Ullah v. Abdul Manan 2012 SCMR 1533
|
| Laws Involved |
Illegal Dispossession Act, 2005,
Constitution of Pakistan, 1973
|
| Sections |
3,
199
|