| Case ID |
3cd2efae-3eab-4154-ab8a-a04aa1bc49b3 |
| Body |
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| Case Number |
Writ Petition No. 18528 of 2011 |
| Decision Date |
Jan 23, 2012 |
| Hearing Date |
Jan 23, 2012 |
| Decision |
The Lahore High Court ruled in favor of the petitioners, concluding that the order of the Additional Sessions Judge was illegal and without jurisdiction. The court determined that the petitioners were in lawful possession of the disputed property based on a compromise agreement that had previously been accepted. The judge noted that no provisions existed in the Illegal Dispossession Act for restoring possession after a complaint had been disposed of. The court emphasized that the petitioners' possession could not be deemed illegal as the earlier proceedings had been resolved. Consequently, the writ petition was allowed, declaring the impugned order as ineffective upon the rights of the lessee. |
| Summary |
In the case of Writ Petition No. 18528 of 2011, the Lahore High Court examined the implications of the Illegal Dispossession Act, 2005 in relation to property rights and lessee agreements. The case arose when the petitioners, ABDUL WAHAB and others, were accused of illegal dispossession by the respondent, ADDITIONAL SESSIONS JUDGE, OKARA. The court noted that the petitioners had been in possession of the disputed land based on a Patadari agreement which was acknowledged in a prior compromise. The court concluded that the Additional Sessions Judge had exceeded jurisdiction by ordering the restoration of possession after the complaint had been resolved through compromise. This decision highlighted the importance of adhering to legal procedures and the limitations of jurisdiction under the Illegal Dispossession Act. The ruling reinforced the principle that lawful possession, once established through a recognized agreement, should not be disturbed without proper legal grounds. The case serves as a significant reference point for similar disputes regarding property rights and the enforcement of lease agreements. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SAGHEER AHMAD QADRI, J
|
| Lawyers |
Rao Abid Mushtaq,
Munir Ahmad Bhatti,
Shahid Mubeen,
Waris,
Ghulam Abbas Patwari
|
| Petitioners |
,
ABDUL WAHAB
|
| Respondents |
,
ADDITIONAL SESSIONS JUDGE, OKARA
|
| Citations |
2012 SLD 339,
2012 PLD 305
|
| Other Citations |
2011 YLR 1549,
2011 MLD 621
|
| Laws Involved |
Illegal Dispossession Act, 2005,
Constitution of Pakistan, 1973
|
| Sections |
3,
4,
5,
7,
8,
199
|