| Case ID |
2aa15872-e32b-48ee-a481-492ac8f87780 |
| Body |
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| Case Number |
Crl. Rev. Appln. No. S-36 of 2019 |
| Decision Date |
Apr 26, 2019 |
| Hearing Date |
Apr 26, 2019 |
| Decision |
The Sindh High Court allowed the criminal revision application filed by Muhammad Ashraf against the order dated 23.02.2019 by the VIIIth Additional Sessions Judge, Hyderabad, which had dismissed his complaint under the Illegal Dispossession Act, 2005. The court found that the trial court's order was sketchy and failed to appreciate the evidence presented by the applicant. The court emphasized that the factual controversy regarding the possession of the disputed house could not be resolved without recording evidence and thus remanded the matter back to the trial court for further proceedings, including issuing notices to the respondents, framing charges, and recording evidence within three months. |
| Summary |
In the case of Muhammad Ashraf vs. Muhammad Shahid and others, the petitioner, Muhammad Ashraf, challenged the dismissal of his complaint regarding illegal dispossession from his property. The Sindh High Court, presided by Justice Khadim Hussain Tunio, found that the trial court had erred in dismissing the case without proper evaluation of evidence. The court highlighted the importance of a thorough examination of facts, especially when allegations of illegal possession and forgery of documents were involved. The ruling underlined the necessity for a fair trial and the importance of adhering to legal procedures in property disputes. This case emphasizes the legal rights of property owners and the judicial system's role in protecting those rights against unlawful dispossession. The decision reinforces the legal framework established by the Criminal Procedure Code and the Illegal Dispossession Act, ensuring that justice is served in property-related disputes. Keywords: property rights, illegal dispossession, Sindh High Court, Criminal Procedure Code, legal representation. |
| Court |
Sindh High Court, Hyderabad Bench
|
| Entities Involved |
Not available
|
| Judges |
Khadim Hussain Tunio, J.
|
| Lawyers |
Syed Hammad Ali Shah, Advocate for Applicant,
Mr. Muhammad Asif Arain, Advocate for Respondent No. 1,
Mr. Shahzado Saleem Nahiyoon, D.P.G for State
|
| Petitioners |
MUHAMMAD ASHRAF
|
| Respondents |
5 others,
MUHAMMAD SHAHID
|
| Citations |
2024 SLD 4108,
2024 PLJ 23
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898)
|
| Sections |
435,
439,
561-A
|