Illegal dispossession complaint
Someone entered your property to take, control or occupy it without lawful authority.
All Pakistan. 11 steps, 9 confirmed against the text.
What this route rules out
- This is a criminal complaint in the Court of Session. It does not replace a civil suit over title.
- If the court finds your complaint false, frivolous or vexatious, it can make you pay the other side up to five hundred thousand rupees.
- The Act is aimed at property grabbers. It does not settle whether it covers someone who first came in with your permission.
The steps
You
Check your facts fit: someone entered your property to take, control or occupy it, without any lawful authority.
s3(1), Illegal Dispossession Act 2005, read .
The text says
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.
You
If the person first came in with your permission, such as a relative, tenant or agent, ask a lawyer before you file.
UNCONFIRMEDThe Act is aimed at property grabbers. It does not say whether it covers someone who came in with your permission and stayed on. Ask a lawyer.
Preamble, Illegal Dispossession Act 2005, read .
The text says
An Act to curb the activities of the property grabbers
Court of Session
File a complaint in the Court of Session.
s4(1), Illegal Dispossession Act 2005, read .
The text says
the contravention of section 3 shall be triable by the Court of Session on a a complaint.
Court of Session
File in the Court of Session for the district where the property is, since that is where the grabbing took place. What the complaint should say and which papers go with it is for your lawyer to draft.
s177, Code of Criminal Procedure 1898, read .
The text says
Every offence shall ordinarily be inquired into and tried by a Court within the local limits of whose jurisdiction it was committed.
Police, on the court's order
The court may send the complaint to the police to investigate and report back within fifteen days.
- Time
Police report within 15 days, unless the court extends it.
s5(1), Illegal Dispossession Act 2005, read .
The text says
Upon a complaint the Court may direct the officer-in-charge of a police station to investigate and complete the investigation and forward the same within fifteen days to the Court
forward the same within fifteen days to the Court
Court of Session
Once the court takes up the case, it hears it day to day and must decide within sixty days, or record why not.
- Time
Decision within 60 days, or reasons for the delay.
s5(2), Illegal Dispossession Act 2005, read .
The text says
On taking cognizance of a case, the Court shall proceed with the trial from day to day and shall decide the case within sixty days and for any delay, sufficient reasons shall be recorded.
shall decide the case within sixty days
Court of Session
During trial, if the person seems not to be in lawful possession, the court must order them to put you back in possession for now.
s7(1), Illegal Dispossession Act 2005, read .
The text says
If during trial the Court is satisfied that a person is found prima facie to be not in lawful possession, the Court shall, as an interim relief direct him to put the owner or occupier, as the case may be, in possession.
Court of Session
At the end of trial, the court can order the property given back to you.
s8(1), Illegal Dispossession Act 2005, read .
The text says
direct the accused or any person claiming through him for restoration of the possession of the property to the owner or, as the case may be, the occupier
Court of Session
Find out whether you must attend in person, or can act through a lawyer or attorney while abroad.
UNCONFIRMEDThe Code says a court taking a complaint examines the complainant on oath (s200, written for a Magistrate). We found no text on whether a complainant abroad can be examined through an attorney or by video link. Ask a lawyer.
s9, Illegal Dispossession Act 2005, read .
The text says
Unless otherwise provided in this Act, the provisions of the Code of Criminal Procedure, 1898 (V of 1898), shall apply to proceedings under this Act.
High Court
An order on the offence or on giving back the property can be appealed to the High Court within thirty days.
- Time
30 days to appeal.
s8A, Illegal Dispossession Act 2005, read .
The text says
Any order made under sub-section (2) and sub-section (3) of section 3 and sub-section (l) of section 8 shall, within thirty days of the order, be appeal-able before the High Court.
within thirty days of the order, be appeal-able before the High Court
You
Make sure your complaint is true. A false, frivolous or vexatious complaint can cost you up to five hundred thousand rupees.
s5(4), Illegal Dispossession Act 2005, read .
The text says
if the complaint is found to be false, frivolous or vexatious, the Court may award compensatory cost to the person complained against which may extend to five hundred thousand rupees.