How to transfer Shamlat Land , in the light of High Court decision 2025 CLC 572.
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2025 C L C 572
[Lahore (Multan Bench)]
Before Ch. Muhammad Iqbal, J
ALLAH BAKHSH (deceased) through legal heirs and others ---Petitioners
Versus
MUHAMMAD HANIF (deceased) through legal heirs and others ---Respondents
Civil Revision No. 377-D of 2023, decided on 27th March, 2024.
(a) Specific Relief Act (I of 1877)---
----S. 42---Punjab Land Dispositions (Saving of Shamilat) Ordinance (I of 1959), S.3---Land Record Manual, Para 7.19---Suit for declaration---Shamilat land---Consolidation proceedings---Alienation of Shamilat land without specifically mentioning it in the sale deed and mutation---Legality---Plaintiff/predecessor-in-interest of respondents claimed to be exclusive owner in possession of the Shamilat land, as he had only executed sale deed and mutation qua his owned land without mentioning anything as to his share in the Shamilat land---Suit was dismissed, however, the appeal was accepted---Validity---Documents of sale deed and mutation did not show any entry of transfer of Shamilat land---Petitioners purchased only land but not the Shamilat---It was necessary to show in the mutation whether the transfer of land included the shares of the Shamilat---In case of selling of land without specifying Shamilat only the ownership of the land would be transferred and not the Shamilat---Civil revision was dismissed, in circumstances.
Abdul Ghani and others v. Mst. Yasmeen Khan and others 2011 SCMR 837; Saleem Akhtar v. Nisar Ahmad PLD 2000 Lahore 385; Abdur Rauf Khan and another v. Firm Babu Munir Ghulam Siddique and others 1976 SCMR 436; Fazal Rahim and others v. Faqir Muhammad and others 1987 SCMR 1667 and Chiragh Shah (represented by legal heirs) v. Akhtar Munir and 25 others 1983 CLC 51 Rel.
(b) Specific Relief Act (I of 1877)---
----S. 42---Punjab Land Revenue Act (XVII of 1967), Ss.35, 52 & 53---Limitation Act (IX of 1908), First Sched., Art.120---Suit for declaration---Limitation---Jurisdiction of Civil Court---Scope---Alienation of Shamilat land in consolidation proceedings---Appeal---Categoric advice of revenue authorities to approach Civil Court---Pleas of non-maintainability of suit and limitation---Validity---Consolidation authorities in appeal and revision, categorically advised the plaintiff to approach Civil Court for correction of entries in the revenue record---Every new entry in revenue record creates fresh cause of action and in this case recurring cause of action was available to the plaintiff---Plaintiff was in possession of the suit land as such the suit was well within time and the Civil Court had rightly adjudicated upon the matter---Pleas taken by the petitioners were repelled, accordingly.
Abdul Sattar Khan and another v. Rafiq Khan and others 2000 SCMR 1574 and Muhammad Yousaf through his L.Rs and others v. Noor din and others 1993 MLD 763 Rel.
(c) Civil Procedure Code (V of 1908)---
----S. 115---Revisional jurisdiction---Scope---Conflict of judgment of lower courts---Preference---Scope---In the event of conflict of judgments, findings of Appellate Court are to be preferred and respected, unless it is shown from the record that such findings are not supported by evidence.
Muhammad Hafeez and another v. District Judge, Karachi East and another 2008 SCMR 398 and Rao Abdul Rehman (deceased) through legal heirs v. Muhammad Afzal (deceased) through legal heirs and others 2023 SCMR 815 rel.
Syed Muhammad Ali Gillani for Petitioners.
Muhammad Khalid Khan Sikhani for Respondents.
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