Illegal Dispossession - Jaidad per Qabza - Land Grabbers - Restoratin of possession of property-urdu

Section 3. Prevention of illegal possession of property, etc. (1) No one shall enter in to or upon any property to dispossess, grab, control or occupy it without having any lawful authority to do so with the intention to dispossess, grab, control or occupy the property from owner or occupier of such property. (Note: If you yourself had allowed someone to reside in your property, and later on, the person allowed to reside, disposes you (owner or occupier) then situation will be different and in this scenario, sub section (3) will be applicable because entrance of that person was allowed by you) (Reference of Judgment 2020 M L D 1138) Punishment (2) Whoever contravenes the provisions of the subsection (1) shall, without prejudice to any punishment to which he may be liable under any other law for the time being in force, be punishable with imprisonment which may extend to ten years and with fine and the victim of the offence shall also be compensated in accordance with the provisions of section 544 of the Code. Wrongful dispossession of 'owner' or 'occupier' (3) Whoever forcibly and wrongfully dispossesses any owner or occupier of any property and his act does not fall within subsection (1), shall be punished with imprisonment which may extend to three years or with fine or with both, in addition to any other punishment to which he may be liable under any other law for the time being in force. The person dispossessed shall also be compensated in accordance with provisions of section 544-A of the Code Case law - 2020 M L D 1138 (Entrance allowed By Complainant himself) Conviction under section 3(1) "Accused are respectively his father and brother to whom the complainant had allowed to reside in his aforesaid house Remarks of Court: Section 3(1) (Entrance) The very admission of the complainant that accused (appellant herein) were allowed to reside was always sufficient to conclude that there had not been any illegal or wrongful entrance into or upon the disputed property hence offence under section 3(1) of the Act was never made out. In fact, conviction was made by trail court Section 3(3) (dispossession) Prima facie, the complainant was compelled to leave the house which act, no doubt, would fall within meaning of wrongful dispossession but would always require the complainant to establish the complained acts and omissions, thereby resulting into one's wrongful dispossession 4. Cognizance of offence.- (1) Notwithstanding anything contained in the Code or any law for the time being in force, the 'contravention of section 3 shall be triable by the Court of Session on a complaint. (2) The offence under this Act shall be non-cognizable. (3) The Court at any stage of the proceedings may direct the police to arrest the accused. Subscibe "seekh laitay hain" thanks

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