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ISLAMABAD, Nov 28 (APP):The Supreme Court of Pakistan has ruled that a land-grab dispute does not end with the death of the accused, directing the Peshawar High Court to re-adjudicate the matter in accordance with the law.
According to the court’s officially approved detailed judgment for reporting, the Supreme Court partially set aside the Peshawar High Court’s Abbottabad Bench ruling dated March 21, 2022, and ordered a fresh examination of the question of restoring possession of the disputed land.
Justice Ahsan Ishtiaq Ibrahim authored the judgment on behalf of the three-member bench, observing that illegal occupation of land is a matter that does not conclude with a criminal conviction, as its civil consequences continue. Therefore, even after the death of the accused, the appeal regarding restoration of possession remains maintainable.
The complainant, Advocate Muhammad Khurshid Khan, had filed a case under the Illegal Dispossession Act, 2005, alleging unlawful occupation of his 11-marla property. In 2015, the trial court sentenced the accused, Dost Muhammad Khan, to three years in prison but released him on probation due to his age and health, while also directing him to return possession of the land within one month. Four co-accused were acquitted.
During the pendency of the appeal, Dost Muhammad Khan passed away, resulting in the automatic abatement of the appeal against the prison sentence. However, the Supreme Court held that the issue of restoring possession remains alive under the law and cannot be ignored.
The apex court noted that the 2005 Act is a special law that provides landowners with immediate protection and an effective mechanism for reclaiming possession. While criminal proceedings abate upon an accused’s death, this principle does not apply to civil consequences such as restoration of possession. Under the law, the order to vacate the land can be enforced against the deceased’s legal heirs or any person claiming through him.
The Supreme Court instructed the High Court to hear the legal heirs of the deceased and re-examine the question of possession. It upheld the plea seeking enhancement of the sentence but set aside the portion of the High Court’s judgment relating to restoration of possession, remanding that part of the case back to the Peshawar High Court for fresh consideration.