Week 15-16

  1. Trespass to Land 2. trespass ab initio 3.Defences 4.Remedies 5. Dispossesion 6. Detention

Among the wrongs affecting property, the most common one is the Trespass to land. it is an unauthorised entry upon the land of another person. trespass to land is a continuing wrong. The study of the topic requires rigorous and in deoth ananlysis of the relevant case law as the this very topic entails lenghty and pithy details wherein each and every line is to be explained at a good lenght. Tresppass to land is a crime also under Section 441 of Pakistan Penal Code, 1960. Therefore, various kinds of trespass e.g house trespass requires attention. a numner of defences may be aviable in an action for Trespass to land depending upon the circmstances and nature of the trespass. However, the defence of Leave and Licence, explusion of trespasser, abatemnet of nuisance are among the widly taken defences in most of the cases of the trespass to land. Moreover, the defence of the welfare of the plaintiff or welfare of the people is to be discussed in detail in order to ascertain the limit of this dences. Nonetheless, the defence of Leave and Licence " Volenti non-fit injuria ( a willing person siffers no wrong" is inapplicable to the case of Trespass ab inition wherein the defendant enters upon the premises with the proper permission of the Plaintiff himself.

the study of the wrong of dispossesion is not less extensive then the discussion of the above mention wrong of trespass to land. English law provided the remdey under law of Torts i.e. Common Law. it is understood that there is nothing like common law in Pakistan. All the Courts in Pakistan are statutory Court. however, many principles of Common law are applicable here.  But the remdey for dispossesion is not avaible under law of Torts in Pakistan.  Section 8 and 9 of Specfific Relief Act provides remedy for the dispession from immovable and movable property.

  • Recommended Case
  • Harrison v.  Duke of Rutland 1893
  • Hickman v.  Maisey                1900
  • Param Sookh v. Seeta Ram Agra 119
  • jacob v. Seward   H.L 464
  • Murry v. Hall   ALL 361

 

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