2023 YLR 2691
Prevention of illegal Dispossession of property---Appreciation of evidence---Benefit of doubt---Allegation against the accused persons was that they took over the possession of land of the complainant forcibly and illegally---Admitted fact that the alleged occurrence was stated to be occured on 03.08.2010 at about 11:00 a.m. and admittedly, the complainant had himself filed suit for specific performance regarding the suit property on 29.10.2004 whereas the Illegal Dispossession Act, 2005 was promulgated in the year 2005, therefore, the dispute in respect of land was already pending adjudication before promulgation of Illegal Dispossession Act, 2005---Admittedly, certified copy of Khasra Girdawari did not bear signatures of circle Patwari---Admittedly, the accused persons were co-sharers in the Khata and mutation in that regard was also available on file---Co-sharer was presumed to be in possession of each and every inch of joint property---Thus, applicability of the Illegal Dispossession Act, 2005, in such a case required extraordinary circumstances, which were very much lacking in present case---Nothing was on record which could establish any link of the accused persons with land grabbers or qabza mafia---Further, complainant admitted that at present, possession of the disputed land was with him and after decreeing of civil suit in his favour, accused persons preferred Civil Revision which was pending adjudication before the Court---Dispute, prima facie, appeared to be between co-sharers/co-owners---Position, being so, brought the case of the accused persons out of the purview of S. 3 the Illegal Dispossession Act, 2005---
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