COMPLAINT U/S 3 OF ILLEGAL DISPOSSESSION ACT 2005

IN THE COURT OF SESSIONS JUDGE DADU.

                                           Complaint No.          of 2010.

Gul Mohammad  S/o Parial

Khan Leghari R/o originally Patt

Gul Muhammad Taluka Johi Now

Railway Colony Dadu……… …………………………Complainant.

                                  V E R S U S

1.    Imdad Hussain S/o Gul Muhammad

Leghari.

2.    Mohammad Hussain S/o Mohammad

Ramzan Qambrani

Both R/o Patt Gul Mohammad

Taluka Johi Distt: Dadu………………………….……..……Accused.

Station House Officer

Police Station Patt Gul Mohammad.

COMPLAINT U/S 3 OF ILLEGAL   DISPOSSESSION                   

ACT 2005.

The above named Complainant respectfully submits as under :-

1.                That the Complainant is peace loving and law abiding citizen of Islamic Republic of Pakistan as  such his fundamental rights are guaranteed by the Constitution of Islamic Republic of Pakistan 1973.

2.                That the agriculture land bearing S.No.56 to 58,67,169 t0 171, 175 to 179 and others total 47 in number admeasuring 297-02 acres situated in deh Ber Bughia, Tapo Patt Gul Mohammad Taluka Johi District Dadu was originally owned by the complainant which was gifted by him to his mother Mst. Banakh W/o Parial Khan Leghari and his sister Mst.Mehtab D/o Parial Khan in the year 1968 and such entry was kept in the Revenue record of rights in their favor but the complainant was looking after the above land as both the ladies were Pardah observing.

3.                That Mst.Banakh died in the year 2007 and after her death  the above land was inherited by the complainant being her son and complainant and his sister Mst. Mehtab became the lawful owners of the above land.

4.                That the accused persons are notorious and habitual land grabbers therefore they were keeping evil eyes over the land of complainant as such in the year 2007 after the death of Mst.Banakh when the complainant was  looking after their  crop, suddenly the above named accused, duly armed with deadly weapons came there and illegally started damaging the crop and occupied the land of complainant on the force of weapons and forcibly dispossessed the complainant issuing threats that if the complainant party  comes again at the land they will be murdered.

5.          That the above named accused have got no any legal character of ownership, right or title over the above land to forcibly occupy the land of complainant by use of criminal force and illegally dispossessing the complainant in unlawful manner.

6.          That the Complainant approached at police Station Patt Gul Mohammad  but no action was taken.

7.          That the accused have individually and collectively,  being land grabbers, committed an offence punishable under Illegal Dispossession Act 2005 as they have illegally occupied the land of complainant and complainant has been deprived of his valuable property.

8.          That the above act of accused is against the law and falls within the ambit of illegal Dispossession act and they are liable to be dealt with according to law.

9.          That there is no other adequate, efficacious and speedy remedy available for getting justice.

10.     That it is therefore humbly prayed that this Honorable court may be pleased to pass the order as under:

PRAYER

a)         That this Honorable court may kindly be pleased to convict the accused under sub section 2 of section 3 of the Illegal Dispossession Act 2005.

b)         That this Honorable court further be pleased to order   the accused to hand over physical possession of the land to the complainant.

c)          Any other relief    which this Honorable court may deem fit and proper under the circumstances of the case may be granted to the complainant in the interest of justice.

Dadu.

Dated: 23.12.2010.                                         Complainant

                                  Advocate

                        For the Complainant.

DOCUMENTS FILED

1.     Photostate copy of village form VII.

2.     Death certificate of Mst.Banakh.

DOCUMENTS RELIED UPON       All concerned documents.

                       

                                Advocate

                              For the Complainant.

           IN THE COURT OF SESSIONS JUDGE DADU.

                       

                                Complaint No.          of 2010.

Gul Muhammad……………………………………….…Complainant.

                        V E R S U S

Imdad Hussain and others……….……………...………….…Accused.

                        AFFIDAVIT

                        I, Gul Muhammad S/o Parial Khan Leghari R/o originally Patt Gul Muhammad Taluka Johi Now Railway Colony Dadu do hereby state on Oath as Under:-

1.           That I am Complainant in the above matter, hence am well conversant with the facts of the case.

2.           That the contents of main complaint under section 3 of Illegal Dispossession Act 2005 may be treated as part and parcel of this affidavit.

3.           That accused persons have illegally occupied land belonging to me and I have been deprived of  my valuable property.

4.           That whatever stated above is true and correct to the best of my knowledge and belief.

Dadu.

Dated.23.12.2010                                                     Deponent

                                  I know the Deponent

                                      Advocate Dadu.