IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Crl. Revision Application No.S- 57 of 2023.

Applicant:                               Gul Muhammad Through,

Mr. Ghulam Rasool Chandio, Advocate.

Respondent No.1:        Fazul Muhammad through, Mr. Sheeraz fazal, Advocate.

The State:                             Through Mr. Syed Sardar Ali Shah,

Addl.PG

Date of hearing                        27-11-2023.

Date of decision                       27-11-2023.

O R D E R

ZULFIQAR ALI SANGI, J; Through the instant Revision Application the applicant has challenged the order dated 15-07-2023 passed by Additional Session Judge-III, Khairpur in Crl. Complaint No.101 of 2022, filed by the applicant in which the complaint under the provisions of Illegal Dispossession Act, 2005 was dismissed.

2.        Heard learned Counsel for the parties and perused the relevant record with their able assistance. The grievance of the applicant is that he is the owner of the property bearing survey Nos.204, 301, 284, 291, 600, 332, 257, 59, 60, 69, 589, 555, 209 total area of 39-12 acres, situated in deh Aagha Hashim Shah. On 16-11-2022 the respondent No.1 alongwith three unidentified duly armed with pistols had occupied the area of 1-00 acres out of survey No.301/3-14. The respondent taken plea that the said land was purchased by him from the complainant about 10 years back and is regularly approaching the complainant for mutation but complainant with malafide intentions avoided and file complaint with false fact. On 03-11-2023 this court called Mukhtiarkar and the Assistant Commissioner Kotdiji alongwith relevant record. Today the Mukhtiarkar alongwith Tapedar of the beat present alongwith record and submitted that the land in question is in the name of complainant, however as per their information complainant sold out disputed land to the respondent No.1 and handed over the possession since last about 10 years. They further stated that respondent No.1 is paying Dhall and other taxes to them in respect of the disputed land since long and the complainant is paying for remaining area.

3. Based on the above findings, no case for prosecution under the Illegal Dispossession Act, 2005 is made out and the complaint was rightly dismissed by the trail court vide order dated 15-07-2023 which is impugned. No illegality or any infirmity is found in the impugned order. Result thereof this revision application is dismissed leaving the parties to resolve their dispute by invoking the jurisdiction of Civil Court.

4.       Revision Application is dismissed in the above terms.

                                                                                      J U D G E

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