IN THE COURT OF LEARNED DISTRICT JUDGE

KOT RADHA KISHEN, KASUR.

SHER MUHAMMAD S/O NOOR MUHAMMAD CASTE JUTT

R/O KAHNA NAO TESHIL LAHORE DISTRICT, LAHORE.

Complainant

Versus

1. ABDUL ZAHID S/O MUHAMMAD ISHAQ CASTE

MAYO R/O RAIWIND TEHSIL AND DISTRICT
LAHORE.
2. FAZAL DIN S/O PEERA DITA
3. MUHAMMAD SHARIF S/O FAZAL DIN CASTE ANSARI
BOTH R/O ZAFAR KAY TESHIL KOT RAHDA KISHEN,
KASUR.

Respondents

COMPLAINT UNDER SECTION 3, 4, 5 OF

ILLEGAL DISPOSSESSION ACT 2005

Respectfully Sheweth:-

1. That succinctly the facts forming the background of

the instant private complaint, the complainant is
lawful owner of inherited land measuring 8M-0F
bearing khewat no. 410/395, khatooni no 638, khasra
no.2046 out of salim khata 11K-14M situated at
 mouza zafar kay according to register of record of
rights for year 2019-20. Copy of record of rights is
attached with the complaint.

2. That complainant are six brothers and one sister and

three brothers of the complainant are died and they
are also owner in the joint land mentioned above and
it is also pertinent to mention here that the two
brothers of the complainant namely Hayat s/o Noor
Muhammad and Muhammad Hussain s/o Noor
Muhmmad sold the land/ plot measuring 16M to
respondent no.3 from the same khewat and khata.

3. That it is further important to mention here that the

complainant is permanent resident of Kahana Nao
tehsil Lahore and property in question is situated at
district Kasur and complainant visited into land/plot
regularly after three and four months.

4. That the complainant few days ago, visited his

land/plot and complainant was surprised after seeing
that the respondent no 2 and 3 are illegally and
unlawfully made construction into the plot/land of the
complainant and when the complainant asked them
about the said illegal act they replied that they
purchased the above said land/plot from the
respondent no 1 through agreement to sell dated 01-
06-2013 subject to consideration amount 37500. Copy
of the forged agreement to sell is attached.
5. That after that illegal possession of the respondent no
2,3, the complainant moved an application before the
assistant commissioner kot radha kishen on 01-06-
2022, in which the halaqa patwari submitted his
report that the respondents are in possession of the
land is question through the said forged agreement to
sell and ownerships of the property is still in the name
of the complainant. Copy of the application along with
report is attached.

6. That the respondents have no right, title whatsoever

upon the said land. The respondents No.1 to 3 belong
to Qabza Group and want to usurp the valuable
property and rights of the widow and orphans.

7. That the complainant is old man and also permanent

resident of Lahore therefore, the respondent no 2and 3
taking advantage of the circumstances, occupied the
suit land illegally, forcibly and without any lawful
authority. The respondents have no right to do so.

8. That the complainant time and again approached the

respondents No.1 to 3 and asked them to remove their
construction and handover the possession of aforesaid
land to the complainant but the respondents have
given the run around to the complainant and turned
deaf ears to such demands of the complainant. The
complainant filed a civil suit for permanent &
mandatory injunction against the respondents,
 wherein stay order was also issued by the Hon’ble Civil
Court. Copy is attached.

9. That the complainant is legal and lawful owner of the

above said land and his rights are protected legally
and constitutionally.

10. That the complainants approached the local police for

taking legal action against the respondents No.2 and 3
but no action whatsoever has been taken till now.

11. That the respondents have illegally, unlawfully

dispossessed the complainant from the land in
question with intention to occupied and grab the same
illegally, unlawfully and committed commission of
offences under Illegal Dispossession Act 2005.

12. That the complainants have no other efficacious

remedy except to invoke the jurisdiction of this
Honourable Court to redress his grievances.

PRAYER

It is, therefore, respectfully prayed that this

complaint may kindly be accepted and an honest
police officer may kindly be appointed to investigate
the matter of illegal dispossession and legal
proceedings/trial against the respondents who had
collectively dispossessed the complainant illegally,
unlawfully, may kindly be initiated u/s 3, 4, 5 of illegal
dispossession act 2005, in the interest of justice.
 It is further prayed that orders may kindly be
passed against the culprits for immediate vacation of
the above said land in question and vacant possession
of the same may kindly be handed over to the
complainant u/s 7 of illegal dispossession act as an
interim relief to the complainant.

Complainant

Through: -

MIAN SHAHID IQBAL

Advocate High Court

TEHMINA SHARIF
Advocate high court
IN THE COURT OF LEARNED SESSION JUDGE KOT
RADHA KISHEN, KASUR.

SHER MUHAMMAD. Vs. ABDUL ZAHID ETC etc.

COMPLAINT UNDER SECTION 3, 4, 5 OF

ILLEGAL DISPOSSESSION ACT 2005

AFFIDAVIT

I, SHER MUHAMMAD S/O NOOR MUHAMMAD CASTE JUTT R/O

KAHANA NAO TEHSIL AND DISRTICT LAHORE do hereby affirm and
declare that the contents of enclosed complaint are true and correct to
the best of my knowledge and belief and nothing has been concealed
there from.

Deponent

Verification:
Verified on oath at KOT RADHA KISHEN, KASUR on this 1 st day of
SEPTEMBER 2022 that the contents of above affidavit are true and
correct to the best of my knowledge and belief and nothing has been
concealed there from.

Deponent
IN THE COURT OF LEARNED SESSION KOT RADHA
KISHEN.

SHER MUHAMMAD Vs. ABDUL ZAHID etc.

COMPLAINT U/S 3 OF ILLEGAL DISPOSSESSION ACT, 2005

AN APPLICATION U/S 7 OF ILLEGAL

DISPOSSESSION ACT

The applicant respectfully submits as under: -

1. That the applicant (complainant) have filed the above

titled complaint u/s 3 of Illegal Dispossession Act,
2005 against the respondents, the contents whereof
may be read and deemed as integral part of instant
application.

2. That the respondents No.2,3 is still continuing the

construction work on the land owned by the
complainant to strengthen their illegal possession.

3. That allegations laid out in the complaint made out a

strong prima facie case, under section 3 & 4 of illegal
dispossession act cognizable by this Honourable Court
and prospects of success of private complaint are
likely high.

4. That balance of convenience also lies in favour of the

applicant (complainant) on account of reasons and
allegations laid out in the private complaint.
 5. That in the event an interim possession is not
delivered to the applicant(complainant) during the
pendency of aforesaid complaint, the applicants likely
to suffer an incalculable loss.

PRAYER

It is, therefore respectfully prayed that the instant

application may kindly be allowed and an interim
order, for restoration of interim possession to the
applicant may kindly be made till the final
adjudication of the case.

It is further prayed that the respondent No.2,3 may be

restrained from raising any further construction on the
above said lands in any manner whatsoever till the
final disposal of the application.

Complainant
Through:

MIAN SHAHID IQBAL

Advocate High Court
Lahore
TEHMINA SHARIF
Advocate high court
Dated: 01-09-2022
 IN THE COURT OF LEARNED SESSESION JUDGE
KOT RADHA KISHEN, KASUR.

SHER MUHAMAMD. Vs. ABDUL ZAHID etc.

COMPLAINT U/S 3 OF ILLEGAL DISPOSSESSION ACT, 2005

AN APPLICATION U/S 7 OF ILLEGAL DISPOSSESSION ACT

AFFIDAVIT

I, SHER MUHAMMD S/O NOOR MUHAMMAD CASTE JUTT R/O KHANA

NAO TEHSIL AND DISTRICT LAHROE do hereby solemnly affirm and
declare that the contents of enclosed application are true and correct to
the best of my knowledge and belief and nothing has been concealed
kept there from.

Deponent

Verified on oath at kot radha kishen on this 1st day of September 2022
that the contents of above affidavit are true and correct to the best of my
knowledge and belief and nothing has been concealed there from.

Deponent