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| Pld 2026 sc 283 |
نجی تنازع میں جائیداد کو
Escheat (لاوارث جائیداد)
قرار نہیں دیا جا سکتا
اہم نکات
Must read judgement.
PLD 2026 Supreme Court 283
Present: Shahid Bilal Hassan and Shakeel Ahmad, JJ
MUHAMMAD SHAFIQUE KHAN and others ---Petitioners
Versus
MADRISA TALEEM-UL-QURAN KHAIRUL MADARIS, MULTAN and another --Respondents
Civil Petitions Nos. 3232, 3287 of 2023 and 5138 of 2025, decided on 15th January, 2026.
(Against the judgments/orders dated 13.06.2023, 09.05.2023 and 20.10.2025, passed by the Lahore High Court, Multan Bench. Multan in R.A. No. 14-C of 2023, C.R. No. 442-D of 2002 and Review Application No. 19-C of 2023, respectively).
(a) Constitution of Pakistan---
---Arts.172 & 185(3)---Private dispute viz. ownership of suit property---High Court declaring the property as 'escheat' and directing Government to take over possession, challenge to--Legality-Jurisdictional overreach by High Court-Brief facts were that the plaintiffs filed a suit claiming ownership of the house through inheritance, while the defendants relied on an alleged waqf deed; the suit was dismissed by the Trial Court and the dismissal was maintained in appeal and revision on the ground that neither side proved title, but in the revisional proceedings the High Court additionally treated the property as escheat and directed the Government to take possession although the dispute was only between private partite s and the Governme ament was not before the Court-Question requiring determination was as to "whether the High Court, while adjudicating High Court, while adjudicating a dispute between private parties, could declare the suit property as escheat and direct the Government to take possession in the absence of any pleadings, issue, evidence, or the Government being a party to the proceedings?"--Held: Government was not a party to the lis-No pleadings were raised, no issues framed, and no evidence was led on the question of escheat-Entire lis remained confined to a contest of title between two private parties Escheat was never set up a case by any party High Court travelled beyond the pleadings and effectively introduced a third claim was to remain i --Present petitions were converted into appeal and were partially allowed, in circumstances.
(b) Constitution of Pakistan
-Art.172-Escheat/ownerless property---Nature, preconditions and mode of declaration---Escheat is a distinct and special legal concept--Property can vest in the State only where the owner dies intestate, and no legal heir exists to inherit the estate, and such foundational facts are established through proper and independent proceedings-A declaration of escheat cannot be made incidentally or collaterally in a civil suit, particularly when it is neither pleaded nor put in issue between the parties.
Muhammad Ali Siddiqui, Advocate Supreme Court along with Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners (in
C.Ps. Nos. 3287 and 3232 of 2023).
Ch. Muhammad Masood Jahangir, Advocate Supreme Court for Petitioners (in C.P. No. 5138 of 2025).
Ch. Muhammad Masood Jahangir, Advocate Supreme Court for Respondents (in C.Ps. Nos. 3287 and 3232 of 2023).
Muhammad Ali Siddiqui, Advocate Supreme Court along with Syed Rifaqat Hussain Shah, Advocate-on-Record for Respondents. (in C.P. No. 5138 of 2025).