The nature of the Offer, Articles 3, 4, 5 and 8 of the Unlawful Settlement Act of 2005 was a special law, enacted to discourage landlords and protect the property owner and property rights. was done. All cases of unlawful and unlawful occupants, without discrimination, shall be described in the same Act. The purpose of the special law was to protect the right of possession of the legal owner or occupier and not to retain possession of the illegal occupier so that a law could be created. Under Section 3 (1) of the Unlawful Settlement Act, 2005, the complainant had to show to the court that he was the original owner or occupant of the legitimate possession of the immovable property in which the accused entered the said property. Was. The accused's admission to or under the said property was without legal authority and he did so with the intention of confiscating (seizing or possessing or seizing) the complainant's property defense line for the accused in which he was his Could. The trial court held that the complainant was not the real owner of the property. The defendant's admission to the property was not to expel the complainant, and that the accused had the legal right to enter the property and the accused had no intention of expelling the complainant, all cases of illegal occupation. Will be involved through illegal deployment. The Act, 2005 and its application were not limited to the offense of illegal occupation by land grabbers or occupation groups, however, according to the Proposal of the Illegal Settlement Act 2005, the purpose of this Act was legal.
Related judgments — Karachi High Court Sindh, 2010