ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

Criminal Acquittal Appeal No. 165 of 2016

Appellant:                             Shahida Begum d/o Hakim Muhammad

                                                Yamin,  through Mr. Muhammad Tariq,

                                                advocate.

Respondents

No. 2 to 4:                              Hamesh Gill & 2 others,

                                                through Mr. Abdul Baqi Lone, advocate.

Respondents

 No. 1 & 5:                             Learned IIIrd Addl. Sessions Judge, Karachi

                                                -East and another through

                                                Mr. Abdullah Rajput, A.P.G.

Date of hearing:                   22.03.2017

Date of order:                       22.03.2017

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O R D E R

Zafar Ahmed Rajput, J:-    This Criminal Acquittal Appeal is directed against the order dated 06.01.2016, whereby the learned Additional Sessions Judge-III, Karachi-East acquitted the respondents No. 2 to 4 /accused, under section 265-K Cr. P.C. in Direct Complaint No. 69 of 2013, filed by the appellant, under sections 3 and 4 of Illegal Dispossession Act, 2005.

2.         Heard the learned counsel for the appellant, respondents No. 2 to 4 and learned A.P.G. for State and perused the material available on record.

3.         It  appears that the appellant filed the aforesaid direct complaint, alleging therein that her father was the leasehold owner of Shop No.69, situated on 1^st Floor, Rabi Centre, Tariq Road, PECHS, Karachi, who died on 02.02.2015 and, thereafter, the complainant and her two sisters started looking after the said shop. It was further alleged that on 21.08.2010 at 1400 hours, the respondents No. 2 to 4 forcibly dispossessed her from the said shop. The learned trial Court on verification of documents from the concerned department in favour of respondent No. 3, acquitted the private respondents under section 265-K, Cr. P.C.

4.         The learned counsel for the appellant while relying upon the case of Gulzar Ali and another v. Station House Officer, P.S. Kandiaro and others, reported as PLD 2012 Sindh 390¸ has contended that it was not the domain of the trial Court to determine the title of the property, therefore, the impugned order, being illegal,  is liable to be set aside.

5.         On the other hand, learned counsel for the private respondents and learned APG have fully supported the impugned order.

6.         It appears that the subject shop was leased in the name of deceased father of appellant, namely, Hakim Muhammad Yamin, who executed a registered power of attorney in favour of one Muhammad Saleem son of Ghulam Muhammad Bawa on 19.05.2008, subsequently, said Muhammad Saleem sold out the subject  shop on 10.07.2008, vide sale deed registered at No.2123 with Sub-Registrar, Jamshed Town, Karachi to one Khawaja Muhammad . Later on, Khawaja Muhammad sold out the subject shop to one Akhlaq Ahmed on 28.06.2010 under a Conveyance Deed, registered at No.1668 before the Sub-Registrar, Jamshed Town, Karachi, who subsequently sold out the subject shop to respondent Hashmat on 10.08.2010 under sale deed, registered at No.1989. The change of title document shows that in the lifetime of deceased father of appellant, the subject shop transferred in the name of three subsequent owners. Thus, the appellant has failed to place on record any material to show that at the time of his death, her father was the owner of the subject shop and that she was at any point of time was in possession of the subject shop. Therefore, the impugned order does not suffer from any illegality or irregularity, requiring any interference of this Court. The case-law cited by the learned counsel for the appellant, being on different footings, does not advance the case of the appellant. Accordingly, this Criminal Acquittal Appeal stands dismissed along with listed application.

                                                                                                JUDGE