Purpose: To seek remedy against the dismissal of a private complaint u/s 3-4 of the illegal dispossession act, 2005 by the trial court while declining the relief to the appellant.
APPEAL U/S 8-A Act XI OF 2005
IN THE HON’BLE LAHORE HIGH COURT, BENCH, RAWALPINDI
Crl. Appeal No. /2019
In the matter of:
(name, parentage, and address of the appellant) ….. Appellant
Versus
1. The State
2. (names of the respondents/accused with complete parentage and addresses) …..Respondents
APPEAL U/S 8-A ACT
XI OF 2005 AGAINST THE JUDGMENT DATED 09.05.2019, PASSED BY THE COURT OF
LEARNED ADDL: SESSIONS JUDGE, WHEREBY THE LEARNED ASJ DECLINED THE PRIVATE
COMPLAINT U/S 3-4 OF ILLEGAL DISPOSSESSION ACT, 2005 FILED BY THE APPELLANT
Respectfully Sheweth:-
That the appellant
filed a private complaint U/S 3-4 of Illegal Dispossession Act, 2005 on the
bottom that her deceased husband was an owner in possession of house No. 187,
Street No. 01, close to CNG Station, Main G.T Road, Swan Camp mensuration one
Kanal located in Mouza Kotha Kallan, genetic property of complainant/appellant.
The husband of the appellant died on 05.06.2017, forgoing the appellant as a widow,
mother, 2 daughters, and one son (all children are minor).That respondent No. two & three were deputed as Chowkidar, who were living within the servant area of the deceased’s property, on 05.11.2018, the aforesaid respondents stopped the appellant to enter the house of the appellant and forcibly, illicitly occupied the property of the appellant, thence the personal grievance/private complaint was filed by the appellant.
That instituting of the higher than aforesaid complaint, casual statements of the litigator and her witnesses were recorded by the learned court and fired the grievance before the conjuration to the respondents fired the compliant vide judgment dated 09.05.2019 which judgment is completely illegal, unlawful and not sustainable in the eye of the law, hence this appeal u/s 8-A act XI of 2005 against the judgment dated 09.05.2019 inter alia amongst other:-
G R O U N D S
That the impugned judgment is perverse, fanciful, and whimsical on the face of it.
That even otherwise, from the contents of the grievance/complaint and when recording the casual statements of PWs, a clear knowable offense is formed against respondent No. two & three however the learned court while not appreciating the casual statement of PWs and fired the private complaint on technical grounds, despite knowing this factor that when recording the casual statement, the learned court solely may confine within the compass of the clear case to not take the deeper dive however within the instant case, the learned path court while not appreciating the principle of prima facie case, fired the personal grievance in liminy in a very hasty manner.
That it's conjointly necessary to say here that whereas dismissing the personal litigator, the learned court solely centered on the documentary proof of the parties and failed to observe this side of the matter once the litigator was unfortunate from the suit property and thanks to that reason the learned path court traveled on the far side its jurisdiction as a result of in the function of dictum ordered down by the Hon’ble Supreme court of West Pakistan that at the time of the casual statement, the court may solely see the factum of the clear case however within the instant case court mentioned the problem of possession that pertains to the learned civil courts and therefore the learned civil court cant higher adjudged the documentary proof of each the parties.
That it's been specifically mentioned in camera grievance additionally as stance taken by the respondent whereas connexon the police proceedings, the respondents were deputed as Chowkidar that wasn't denied by the respondents throughout the inquiry, that any strengthen the appellant’s version that respondents are illegal occupier are ill-famed land grabbers who were illicitly and unlawfully occupied the property of a widow.
That the stance that was taken by the respondents on tardy stage relating to the possession of the property was conjointly wonderful and astonishing as a result of at first there was no such document on the record created by the respondents and while in connivance with some others ready forge and invented document below the umbrella of respondents as a result of the respondents are the most beneficiary of all the cast documents and in a very pre-plan manner, respondents left the house of the appellant themselves the depute there one Shabir Hussain as illegal occupier upon the property of the appellant however this side of the case wasn't thought of /appreciated by the learned court, whereas dismissing the personal litigator of the appellant.
That even otherwise, within the illegal dispossession act U/S 3-4, the learned court may solely see the date of dispossession and not see the documentary proof of the parties as a result of the aim of summing of the respondents, the court may solely see the clear case however within the instant case, the learned court whereas violating the settled principle and mentioned the case full that isn't permissible and passed the judgment in a hasty manner.
That it's conjointly necessary to say here that in line with the police report, the respondents are the habitual litigants and conjointly moved a completely different flippant application against the appellant and her brother, that was shortly found false and flippant and continuing U/S 182 Cr.P.C was conjointly initiated against the respondents that are unfinished before the competent court of law. It's necessary to say here that in line with the police report a person (illegal occupier of the suit property) joined the inquiry continuing and unconditionally explicit that six months back, the possession of the suit house was handed over by the respondents and shortly in connivance with one another left the house of the appellant deliberately simply to avoid the legal proceedings.
That the learned court unheeded all the necessary aspects of the matters while dismissing the private complaint of the present appellant.
PRAYER
It is, therefore, with all respect prayed that the instant appeal kindly be accepted and the judgment dated 09.05.2019 passed by the learned ASJ, may graciously be put aside and decide the matter on merits for the best interest of justice
Any other relief that this Hon’ble court deems fit and proper may additionally be awarded to the appellant.
Appellant Through Counsel
Dated:-
Certificate:-
Certified as per information provided by the appellant, this first appeal ever moved before this Hon’ble Court.
Further certified that no such petition is pending or decided on the subject matter up till the Hon’ble Supreme Court of Pakistan.
Counsel
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