Format Complaint Of Illegal Dispossession U/S 3/4 of Act 2005

Complaint of illegal dispossession is lodged under Illegal Dispossession Act, 2005 which is a special legislation. This law was passed to protect the lawful owners and occupiers of immovable properties from their illegal or forcible dispossession by the property grabbers. The main object of said Act was to curb the activities of property grabbers.

The substantive provisions of Illegal Dispossession Act, 2005, which describe the offence and the offender are contained in Section 3 of the Act.

Prevention of illegal possession of property, etc

The complaint of illegal dispossession is filed under section 3 of illegal dispossession act 2005 which states that;

(1) No one shall enter into 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 owners or
occupier of such property.

(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 provision of section 544-A of the Code.

Where Complaint of Illegal dispossession is filled

Section 4 of act 2005 says that where provision of section 3 is violated and offense is committed. Only the Session Court has the power to take cognizance under this act. The offense under this act is non-cognizable which means that court orders are needed to arrest the accuse person. The court can also arrest the accuse person at any stage if the circumstances requires that.

Format of Complaint of Illegal Dispossession

Use the below sample draft of complaint of illegal dispossession, if your right to property is violated.

IN THE COURT OF SESSIONS JUDGE, RAWALPINDI.

In the matter of:

MY son of MS resident of House No. ___, St No. __, Sector _____, Islamabad.

…Petitioner

Versus

1. S.H.O. P.S. Sadiqabad, Rawalpindi.
2. MI son of AK resident of _____, ___, _____ Road, Islamabad.

…Respondents

COMPLAINT OF ILLEGAL DISPOSSESSION AGAINST RESPONDENT UNDER SECTION 3/4  ACT 2005

Respectfully Sheweth,

1. That the plaintiff is lawful owner in possession of the Plot No. ___, Iqbal Town, Rawalpindi measuring __ Marlas situated in ______, within the Municipal Limits of Rawalpindi vide registered sale deed No.___, Book No. __, Volume No. ___, Page No. __ dated ______ and Addll Book No. __, Volume No. ____ Page No. ______ in the office of Sub Registrar, Rawalpindi (Urban).
2. That the said plot was originally situated in Iqbal Town in the year 1989-90 for the first time and since then it is compounded with one room in it. The possession over the said property remained uninterrupted with the successive owners.
3. That the plaintiff purchased the above said plot from Sheikh HMS son of Sheikh Sa resident of House No. ____, Dhari Hassanabad, Rawalpindi and MSt. KhB daughter of Sh. Sa resident of H. No. ____, Tahli Mohri Nouras Colony, Rawalpindi. The above said plot No. ____, comprised of Khewet No. ____, Khatooni No. ____, Khasra No. ____ having share _____ land measuring ____ Marlas and Khewet No. _____ Khatooni No. ____, Khasra No. ____ having share ____ land measuring __ Marlas, total land measuring __ Marlas vide sale deed No. ____, Book No. __, Volume No. ___, Page No. ___, Addll Book No. __, Volume No. ____, Pages No. _____ dated _____ (Mst. KB is land measuring ___ Marlas) and sale deed No. ____, Book No. _ Volume No. ___, Page No. __-, Addll Book No. __, Volume No.____, Pages ____ dated _____ (Sheikh HMS is owner land measuring __ Marlas) registered in the office of Sub Registrar, Rawalpindi.
4. That the suit plot is demarcated 600’ Green Area from the eastern side, western side Plot No. ___, Mirza LD, Northern side Public Street 20’ and in the southern side a land of AUR and SUR, situated in a Khana Kak, Rawalpindi.
5. That the plot No. __ is compounded by walls on all sides and a small room therein since its creation in Iqbal Town in the year 1989 about and as such the plaintiff is owner of said plot and enjoying peaceful uninterrupted possession since its purchase vide registered deed _____ referred in preceding paras.
6. That the complainant also applied for site plan which was approved and sanctioned vide Tehsil Nazim Order dated ____ by the Building Superintendent Tehsil Muncipal Administration Rawalpindi.
7. That respondent No. 2, who is a local stalwart and influential and a property dealer, purchased the adjacent property of the complainant’s plot and started construction thereof. On apprehension of encroachment, complainant approached the respondent No. 2, who was perverse to dispossess the complainant and also to make construction on the suit plot.
8. That complainant filed a suit for permanent injunction, whereby he prayed for restraining the respondent No. 2 from any construction on the suit plot, which was marked to Mr. BA, Learned Civil Judge, Rawalpindi, who was pleased to issue the status-quo order.
9. That when the complainant was busy in a funeral ceremony of one of his fried in Murree, the respondent No. 2 entered into the suit plot, take possession of the same and started digging and construction over there.
10. That when the complainant approached the respondent No. 2 and protested for this illegal, unlawful and unauthorized action, respondent No. 2 delayed the matter on lame excuses. It is pertinent to mention that respondent No. 2 also maneuvered the get register the false and frivolous case against the complainant and his friends and against which the inquiry ordered by the Inspector General of Police and District Police Officer is pending before respondent No. 1.
11. That the complainant was having the peaceful possession of the plot, titled documents also with the complainant, the approved site plan is also in the name of the complainant and furthermore, the subsequent owner and the respectable of the vicinity will further confirm and concede about the peaceful possession of the complainant over the suit plot.
12. That the act of respondent No. 2 is illegal, unlawful, unjustified, unauthorized and brings the case within the purview of Illegal Dispossession Act 2005 as owner and occupier of the property was illegally dispossessed and property was grabbed in contravention of Section 3, hence the complainant seeks judicial indulgence of this Honorable Court for the redressal of grievances.
13. That complainant is also ready to provide and prove the necessary documentary and oral evidence.
14. That the property is situated within the territorial limits of this Honorable Court so the petition in hand is filed before your Honor.

PRAYER

In view of above, it is most humbly prayed that in this complaint of illegal dispossession, the respondent No. 1 may kindly be directed for the restoration of the possession of the suit property i.e. Plot No. ___, Iqbal Town, Rawalpindi measuring __ Marlas situated in Khana Kak, within the Municipal Limits of Rawalpindi to the complainant being actual owner and lawful occupier.

It is further prayed that respondent No. 2 may kindly be directed to immediately vacate the said plot and hand over the possession of the suit plot to the complainant and also removed / demolished the illegal construction over the complainant’s plot and respondent No. 1 may graciously be directed to take the legal action against the respondent No. 2 and protect the complainant’s valuable plot from the hands of respondent No. 2 and proceedings Under Section 3 / 4 of Illegal Dispossession Act may kindly be initiated in this complaint of illegal dispossession, against the respondent No. 2.

Complainant/ Petitioner

Through

Counsel(s)

Advocate High Court,

Rawalpindi.

IN THE COURT OF SESSIONS JUDGE, RAWALPINID.

In the matter of:

MYA                                             …Petitioner

Versus

S.H.O. P.S. Sadiqabad, Rawalpindi etc              …Respondents

COMPLAINT OF ILLEGAL DISPOSSESSION AGAINST RESPONDENT UNDER SECTION 3/4  ACT 2005

AFFIDAVIT

That I, MYA son of MS resident of House No. __, St No. __, Sector ____, Islamabad.

DO HEREBY SOLEMNLY DECLARE AS UNDER:

That the contents of the above petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Deponent

Verification

Verified on Oath at Rawalpindi on this     day of Dec 2006 that the above deposition is true and correct to the best of my knowledge and belief.

Deponent

IN THE COURT OF SESSIONS JUDGE, RAWALPINID.

In the matter of:

MYA                                              …Petitioner

Versus

S.H.O. P.S. Sadiqabad, Rawalpindi etc              …Respondents

COMPLAINT OF ILLEGAL DISPOSSESSION AGAINST RESPONDENT UNDER SECTION 3/4  ACT 2005

APPLICATION FOR INTERIM RELIEF.

AFFIDAVIT

That I, Mst. RU widow of MH resident of St. No. __, Jhangi Mohallah, ___ Choke, Circular Road, Rawalpindi.

DO HEREBY SOLEMNLY DECLARE AS UNDER:

That the contents of the above petition are true and correct to the best of my knowledge and belief and nothing has been concealed therein.

Deponent

Verification

Verified on Oath at Rawalpindi on this     day of Sep 2006 that the above deposition is true and correct to the best of my knowledge and belief.

Deponent

IN THE COURT OF SESSIONS JUDGE, RAWALPINID.

In the matter of:

MYA                                              …Petitioner

Versus

S.H.O. P.S. Sadiqabad, Rawalpindi etc              …Respondents

COMPLAINT OF ILLEGAL DISPOSSESSION AGAINST RESPONDENT UNDER SECTION 3/4  ACT 2005

APPLICATION FOR INTERIM RELIEF.

1. That the applicant has filed the above captioned complaint of Illegal Dispossession under act of 2005 before this Honorable Court, contents of which may please be read as an integral part of the application.
2. That the applicant has prima-facie strong case, which is likely to be decided in her favor.
3. That the balance of convenience lies in the favor of the applicant.
4. That if the interim relief is not granted to the applicant, the applicant shall suffer an irreparable loss.

It is therefore, most humbly prayed that that till the disposal of the complaint of illegal dispossession ad-interim relief as per the provisions of Illegal Dispossession Act 2005, the possession of the plot may kindly be restored in favor of the complainant / petitioner and the respondent No. 2 also be restrained to raise the further construction over the said plot in the interest of justice.

Applicant

Through

Counsel(s)

Advocate High Court,

Rawalpindi.