| Case ID |
175e52eb-11d3-4913-acd6-63bfac7f10cf |
| Body |
View case body. Login to View |
| Case Number |
Criminal Revision Application No. 145 of 2014 |
| Decision Date |
Apr 29, 2015 |
| Hearing Date |
Apr 25, 2015 |
| Decision |
The Sindh High Court set aside the order dated 14-2-2014 passed by the IIIrd Additional District and Sessions Judge, Central Karachi, which had dismissed the petitioner's complaint under the Illegal Dispossession Act, 2005. The court found that the petitioner, JAVAID IQBAL alias KHALID MAHMOOD, was unlawfully dispossessed from his shop by the respondents through force and without legal authority. The trial court had erroneously dismissed the complaint without a proper trial, ignoring the definitions and provisions of the Illegal Dispossession Act. The High Court emphasized that the respondents' actions constituted illegal dispossession despite their claim of non-payment of utility bills. The court remanded the case back to the District Judge with instructions to proceed with framing charges and recording evidence. Additionally, the High Court directed the immediate return of possession of the shop to the petitioner pending the trial, ensuring the protection of his fundamental rights under the Constitution of Pakistan. The decision underscores the judiciary's role in upholding lawful possession and preventing unauthorized dispossessions. |
| Summary |
In the landmark case of **Javaid Iqbal alias Khalid Mahmood vs. The State and 7 others**, the **Sindh High Court** adjudicated on a **criminal revision application** concerning an **illegal dispossession** under the **Illegal Dispossession Act, 2005**. The petitioner, a lawful tenant of a shop in **Nazimabad, Karachi**, was forcibly removed by the respondents using unauthorized force, citing non-payment of utility bills as a pretext. The initial trial court had dismissed the complaint without a thorough examination, failing to consider the broadened scope of the Act which includes all individuals involved in dispossessing property unlawfully. The High Court meticulously analyzed the legal provisions, highlighting violations of **Articles 4 and 10A of the Constitution of Pakistan**, which guarantee protection of property rights and the right to a fair trial. By referencing the precedent set in **Mumtaz Hussain v. Dr. Nasir Khan and others 2010 SCMR 1254**, the court reinforced the inclusive language of the Act, ensuring that all dispossessors, regardless of their position, are held accountable. The judgment mandated the immediate restoration of the petitioner's property and remanded the case for a proper legal process, emphasizing the importance of lawful procedures over extrajudicial actions. This case underscores the judiciary's commitment to safeguarding tenants' rights and ensuring that legal frameworks are robustly enforced against unauthorized dispossessions. It serves as a crucial reference for future cases involving property disputes, highlighting the necessity for adherence to established laws and the protection of constitutional rights. The decision is pivotal for legal professionals and property owners alike, reinforcing the legal imperatives surrounding tenant protections and the unlawful use of force in property disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
The STATE
|
| Judges |
NAZAR AKBAR, J
|
| Lawyers |
Muhammad Tamaz Khan,
Abdullah Rajput, A.P.G.,
Muhammad Mustafa Sandhu
|
| Petitioners |
JAVAID IQBAL alias KHALID MAHMOOD
|
| Respondents |
The STATE,
7 others
|
| Citations |
2015 SLD 2134,
2015 YLR 1609
|
| Other Citations |
Mumtaz Hussain v. Dr. Nasir Khan and others 2010 SCMR 1254
|
| Laws Involved |
Illegal Dispossession Act, 2005,
Constitution of Pakistan,
Sindh Rented Premises Ordinance, 1979
|
| Sections |
3,
4,
5,
7,
8,
4,
10A,
15
|