| Case ID |
3081fcec-106c-4760-81e6-e7a310ce498f |
| Body |
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| Case Number |
Criminal Revision No. S-72 of 2009 |
| Decision Date |
Feb 11, 2010 |
| Hearing Date |
|
| Decision |
The Sindh High Court dismissed the revision application filed by the applicant, MST. KHATOON, against the decision of the Additional Sessions Judge, who had previously dismissed her complaint under the Illegal Dispossession Act, 2005. The court ruled that the respondent, who was the applicant's brother-in-law, had entered the property with the applicant's permission and therefore did not commit an offence under Section 3 of the Act. The High Court concluded that all elements of illegal dispossession were not established as the respondent had lawful authority to enter and occupy a portion of the applicant's property. The close familial relationship and the nature of the permission granted were significant factors in the court's decision. Thus, the trial court's findings were upheld, and the revision was dismissed. |
| Summary |
This case revolves around the interpretation and application of the Illegal Dispossession Act, 2005, specifically Section 3, which defines illegal dispossession. The applicant, MST. KHATOON, claimed that her brother-in-law, MUHAMMAD SALEEM, unlawfully occupied her house after being permitted to use a portion of it while his own home was under construction. The trial court dismissed her complaint, stating that she had willingly allowed the respondent access to the property, which meant he had lawful authority to enter. The High Court upheld this decision, emphasizing that for an offence under the Illegal Dispossession Act to exist, all elements must be present, including unlawful entry. The court noted that the relationship between the parties and the nature of the permission granted played crucial roles in determining the legality of the respondent's actions. The ruling underscores the importance of clear authority and the relationship between parties in dispossession cases, making it vital for property owners to understand the implications of granting access to their property. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
MUNIB AKHTAR, JUSTICE
|
| Lawyers |
Qurban Ali Malano for Applicant,
Muhammad Saleh Bhutto for Respondent No. 1,
Shyam Lal, Asstt. P.G. for the State
|
| Petitioners |
MST. KHATOON
|
| Respondents |
ANOTHER,
MUHAMMAD SALEEM
|
| Citations |
2010 SLD 2829,
2010 PCRLJ 1046
|
| Other Citations |
Satan Kumar v. Muhammad Yousif 2009 PCr.LJ 1186
|
| Laws Involved |
Illegal Dispossession Act, 2005
|
| Sections |
3
|