' Vide order dated 6.9.2013, passed by the learned Additional Sessions Judge, Shakargarh, District Narrowal, the application filed by Respondent No, 1 under Section 22-A, Cr.P.C. Was accepted and the private complaint filed by the petitioner under Section 3 of the Illegal Dispossession Act, 2005 was dismissed.
2. In the complaint, it was alleged by the petitioner that he is in possession of the property in dispute as a tenant where from he has been ejected by the respondent without due process of law.
3. After having heard the learned counsel for the parties and perusing the record, it is found that the petitioner had failed to provide the antecedents of the respondents that they belong to land mafia or are land grabbers which is a condition precedent constituting the offence falling under the Illegal Dispossession Act, 2005 as has been held in the cases reported as Zahoor Ahmad and others vs. The State and others (PLD 2007 Lahore 231), Bashir Ahmad vs. Addl. Sessions Judge.
Faisalabad and 4 others (PLD 2010 SC 661) and Habibullah and others vs. Abdul Manan and others (2012 SCM'R 1533). Further on the merits of the case, it is found that the petitioner with the connivance of his previous owner Mumtaz Ahmad had instituted the instant petition against the respondent who is the subsequent vendee of the property in dispute. The police report secured by the Court under Section 5 of the Act is also not supporting the contention of the petitioner regarding his dispossession from the property in dispute. The learned Court while allowing the application of the respondent and dismissing the complaint of the petitioner has not committed any illegality as such the order is liable to be maintained.
4. For the foregoing reasons, the petition in hand having no merits is dismissed.