| Case ID |
234e2926-c9f9-47e0-a01b-8ff3141608ca |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 407 of 1980 |
| Decision Date |
Mar 18, 1991 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan accepted the appeal, setting aside the impugned judgment and restoring the order of the Custodian dated 24-6-1976 concerning lands not covered by the Civil Court's decree dated 19-12-1938. The court held that the possession of the transferee under section 71 of the Punjab Land Revenue Act, 1887 was permissive and did not amount to hostile possession that would extinguish the rights of the true landowners. The Collector's failure to specify the period of transfer in the mutations was deemed an omission, but it did not negate the statutory obligation to restore possession to the landowners after the maximum permissible period. Consequently, the appellants' titles to the land were upheld, and the transfer of possession to the transferee was invalidated where it conflicted with the original ownership records. |
| Summary |
In the landmark case of **Civil Appeal No. 407 of 1980**, adjudicated by the **Supreme Court of Pakistan** on **March 18, 1991**, the court addressed significant issues concerning land revenue laws and property possession under the **Punjab Land Revenue Act (XVII of 1887)**. The case revolved around the rightful ownership and possession of agricultural land in Rahimyar Khan, contested between **Maula Bakhsh and others** (petitioners) and **The Custodian of Evacuee Property and others** (respondents).
The appellants challenged the transfer of land possession under section 71 of the Punjab Land Revenue Act, which allows the Collector to transfer possession in cases where land revenue is in arrears. The central legal question was whether the possession transferred to the respondents was permissive or hostile, thereby affecting the original landowners' titles.
The **Supreme Court** meticulously analyzed the application of sections 71, 71(2), and 71(6) of the Punjab Land Revenue Act. It was determined that the transfer of possession was conducted without specifying the transfer period, which should have been limited to the end of the agricultural year in which arrears were cleared or a maximum of 15 years. The omission by the Collector did not comply with the statutory requirements, thereby rendering the transfer invalid.
Furthermore, the court emphasized that the possession held by the transferee was permissive and based on an agreement with the Collector, not hostile ownership that could extinguish the real owners' rights through adverse possession. The continuous presence of the appellants in the revenue records underscored their legitimate ownership, which was not adversely affected by the respondents' possession.
In conclusion, the **Supreme Court** set aside the previous judgments and orders that favored the respondents, thereby restoring the land to the original owners. This decision reinforced the importance of adhering to statutory provisions in land revenue matters and protected the rights of true landowners against improper administrative actions. The case serves as a precedent for future disputes involving land possession and revenue laws, highlighting the judiciary's role in upholding property rights and ensuring lawful governance. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Supreme Court of Pakistan,
Custodian of Evacuee Property,
Settlement and Rehabilitation Department,
Punjab Land Revenue Act (XVII of 1887)
|
| Judges |
MUHAMMAD AFZAL LONE, J
|
| Lawyers |
Ch. Mushtaq Ahmad Khan,
SAW Aasim Jafri,
Zahid Hussain Khan,
Inayat Hussain
|
| Petitioners |
others,
MAULA BAKHSH
|
| Respondents |
others,
THE CUSTODIAN OF EVACUEE PROPERTY
|
| Citations |
1991 SLD 544,
1991 PLD 668
|
| Other Citations |
Not available
|
| Laws Involved |
Punjab Land Revenue Act (XVII of 1887)
|
| Sections |
71,
71(2),
71(6)
|