ORDER   SHEET

IN  THE  HIGH  COURT  OF SINDH, CIRCUIT  COURT,  LARKANA

Crl.Revision Appln.No.S-101 of2021.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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01. For orders on M.A.No.9037/2021 (U/A).

02. For orders on office objection “A”.

03. For orders on M.A.No.9038/2021 (E/A).

04. For hearing of main case.

03.01.2022

                        Mr. Faraz Ali Bijarani, Advocate for applicant.

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1.                     Urgency Granted.

2 to 4.             Facts in brief necessary for disposal of instant Crl.Revision Application are that the applicant filed a direct complaint u/s.3/4/5 of Illegal Dispossession Act, 2005, it was dismissed by learned Sessions Judge, Kashmore @ Kandhkot, vide order dated 12.11.2021, which is impugned by the applicant before this Court by preferring the instant Crl.Revision Application.

                        It is contended by learned counsel for the applicant that the applicant is lawful purchaser of the subject house by way of sale agreement; therefore, the learned trial Court ought not to have dismissed his complaint by way of impugned order; such order being illegal is liable to be set aside with direction to learned trial Court to take cognizance of the incident.

                        I have considered the above arguments and perused the record.

                        The applicant is making claim over the subject house on the basis of sale agreement, which is yet to be enforced. The proposed accused as per reports furnished by SHO, P.S, A-Section Kandhkot and Mukhtiarkar (Revenue) Taluka Kandhkot, are in possession of the subject house since twenty years. Apparently, no dispossession of the applicant from the subject house at the hands of the proposed accused has taken place; in these circumstances, the learned trial Court was right to dismiss the complaint of the applicant by way of impugned order, which is not found to be illegal to be interfered with by         this Court by way of instant Crl.Revision Application; same fails and is dismissed in limine.

  J U D G E