| Case ID |
41e1a5f6-31b9-4319-8171-39bd491079e5 |
| Body |
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| Case Number |
Criminal Petition No.17-Q of 2007 |
| Decision Date |
May 11, 2009 |
| Hearing Date |
|
| Decision |
The petition filed under Article 185(3) of the Constitution of Pakistan was dismissed, affirming the earlier judgment of the High Court of Balochistan which had found that the petitioners had illegally dispossessed the respondent from his property. The Supreme Court upheld the findings of the lower courts, establishing that the provisions of the Illegal Dispossession Act were applicable and that the respondent had rightful ownership of the property in question. The court reinforced the need for lawful authority in property disputes and emphasized the special enactment's role in protecting lawful occupants from unauthorized dispossession. |
| Summary |
In the case of Muhammad Yousaf vs. Muhammad Akram and others, the Supreme Court of Pakistan addressed the application of the Illegal Dispossession Act, 2005. The case arose from a complaint by Muhammad Yousaf, who alleged that he was unlawfully dispossessed of his property measuring 8 Acres by the petitioners. The court examined the essentials required under section 3(1) of the Act, which mandates that the complainant must show ownership, unlawful entry by the accused, and the intention to dispossess. The court found that the petitioners had no legal authority to enter the property, and their actions constituted an offense under the Act. The Supreme Court emphasized the Act's purpose to deter illegal land grabbing and protect the rights of lawful occupants. This case highlights the importance of legal protections against unlawful dispossession and the judicial system's role in enforcing property rights. For those interested in property law, this case serves as a key reference in understanding the Illegal Dispossession Act's implications and the necessary legal framework surrounding property ownership disputes in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
IJAZ-UL-HASSAN KHAN,
MUHAMMAD QAIM
|
| Lawyers |
Mr. Mehta W.N. Kohli,
Mr. Naeem A.khtar Afghan
|
| Petitioners |
9 others,
MUHAMMAD AKRAM
|
| Respondents |
others,
MUHAMMAD YOUSAF
|
| Citations |
2009 SLD 1777,
2009 SCMR 1066
|
| Other Citations |
PLD 2007 SC 423
|
| Laws Involved |
Illegal Dispossession Act, 2005
|
| Sections |
3(1),
3(2)
|