⚖️ Introduction
In a recent landmark judgment dated 15th July 2024, the Supreme Court of Pakistan in Criminal Petitions No. 66-K & 67-K of 2024 reaffirmed that even family members can be held liable under the Illegal Dispossession Act, 2005, if they dispossess the lawful owner or occupier of immovable property without lawful authority.
This judgment has significant implications for property disputes, especially in joint family setups and amongst legal heirs.
🧑⚖️ Background of the Case
The dispute involved three brothers. One of them, Iftikhar (deceased), who was unmarried and disabled, gifted his house via a registered oral gift to one brother (Respondent No.1) in 2008. After Iftikhar’s death in 2015, the respondent continued to live in peaceful possession of the house. However, in 2020, the other brother and his wife forcibly entered and occupied the fourth floor of the house in the respondent’s absence.
The aggrieved brother approached the Sessions Court under the Illegal Dispossession Act, 2005, and obtained interim restoration of possession under Section 7. The accused sought acquittal under Section 265-K CrPC, which was rejected by both the trial and High Court. The matter finally reached the Supreme Court.
⚖️ Key Findings of the Supreme Court
✅ 1. IDA Applies to Family Members Too
The Court rejected the argument that the Act applies only to Qabza Mafia or land grabbers. It held that any person, including family members, tenants, or caretakers, can be liable if they illegally dispossess the lawful owner or occupier.
“The scope of the IDA, 2005 is wide enough to cover any illegal occupant and is not limited to mafia or Qabza groups.” – SC Judgment 2024
✅ 2. Civil Litigation Does Not Bar Criminal Relief
The Court observed that even if a civil suit is pending, a complaint under the IDA is maintainable. Civil and criminal proceedings can run independently.
“One cannot take the law into their own hands and then use pending civil litigation as a shield against criminal liability.” – SC Judgment 2024
✅ 3. Interim Eviction Under Section 7 Is Valid
The Court explained that Section 7 allows the court to restore possession during trial if it is prima facie satisfied that the accused is not in lawful possession. This remedy aims to protect the property during proceedings.
✅ 4. Section 265-K CrPC Does Not Apply
The Court ruled that acquittal under Section 265-K CrPC is an exceptional remedy, meant only when there is no probability of conviction. In this case, sufficient material existed for trial, so the acquittal was rightly refused.
📘 Overview of the Illegal Dispossession Act, 2005 (Amended 2017)
🔹 Purpose
To protect lawful owners and occupiers of property from unlawful possession, particularly due to the growing menace of land grabbing.
🔹 Key Provisions
- Section 3: Prohibits unlawful dispossession; punishable with up to 10 years’ imprisonment and fine.
- Section 4: Sessions Court has exclusive jurisdiction.
- Section 5–6: Complaint procedure and police assistance.
- Section 7: Allows interim eviction if accused is prima facie found in illegal possession.
- Section 8: Final orders include restoration of possession and punishment.
🔧 Amendments in 2017: Key Enhancements
- Expanded scope to cover family members, tenants, licensees, caretakers.
- Timeline of 90 days for decision by Sessions Courts.
- Bonafide purchasers protected.
- Fines and compensation introduced as relief to complainants.
📌 Legal Impact of the 2024 Supreme Court Judgment
This decision strengthens the hands of lawful owners/occupants against unauthorized possession by anyone, regardless of relationship or civil claims. It also reinforces the importance of due process, discouraging self-help or forceful entry.
📝 Conclusion
The Illegal Dispossession Act, 2005, as interpreted and reinforced by the Supreme Court in 2024, is a powerful tool against illegal possession — even by family members. It ensures swift, interim protection and affirms that ownership and lawful possession must be respected under the law.
Anyone who unlawfully occupies or retains possession — even a blood relative — can now face criminal prosecution and eviction.
📞 Need help with an illegal possession matter?
You may be entitled to criminal relief under the IDA, 2005.
Feel free to contact Advocate Ch. Ahmad Sher Jutt at 0335-0188155 for consultation.
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