Land Law

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Limitation in mortgage cases runs from the time when the mortgagor can redeem the property:

Supreme Court in its recent judgment tilted as Khan Afsar versus Mst. Qudrat Jan widow and others, Civil Petitions No.3573 and 3574 of 2020, dilated that in mortgage cases limitation of sixty years to bring a dispute to the court is to run from the date so agreed between the parties to redeem the mortgaged property. This will not run from the date when the creation of mortgage took place. Being so the legal position, the Court dismissed the Petition. The court further said that what if now specific term and date of redemption of the property are fixed. In such eventuality, the Court held that time period of limitation will start from the date of the agreement between the parties. Click to Download

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Built-up land is always considered to be excluded from the jurisdiction of Revenue Authorities:

Senior puisne judge, Mohsin Akhtar Kiani, of the Islamabad High Court has settled a long-awaited and an important point of law in case titled Raja Tahir Mahmood Versus Chief Commissioner Islamabad, W.P. No. 2921–2019, that grazing area cannot be changed into Abadi Deh, neither built-up area can be considered to be falling within the jurisdiction of the Revenue Authorities. The word “Land” has not been defined in the West Pakistan Land Revenue Act, 1967 thus borrowing guidance from the ratio of certain precedents and relying on the ordinary meaning of the said word from the  dictionary, the Court held that land within the meaning of the said Act means area of land which is either for agriculture purpose or which is not a built-up area. The Court has also discussed the scope and nature of Shart Wajib–ul–Arz . Para No 16, the most vital and operative part of the judgment, is reproduced here for ease of reading: (i) By virtue of notification dated 24.02.2022 any land which has been declared as chiragah (ہ اہ ) in the entire ICT is not permitted to be changed for its character, nor notore ڑ( ) is permissible and District Administration is bound to implement and protect its character as defined in Shart Wajib-ul-Arz (رض ا طوا ). (ii) Any land which has been converted from land to built-up property in shape of building, house, factory, same could not be consideredfor the purpose of assessment of land revenue and jurisdiction of Revenue Officer ceased to exist if those properties fall within the defined limits of abadi-deh. (iii) The Board of Revenue after seeking a report from Revenue officer in any mouza/estate shall identify and pass order for separation ofagriculture land from abadi-deh in terms of powers envisaged in Section 3 of the Land Revenue Act, 1967, where-after all the constructed portion be identified and marked by MCI by way of number under ICT Local Government Act, 2015, for the purpose of identification and property tax. (iv) The constructed building, house, etc. of abadi-deh of the village shall be considered for the purpose of revenue record if issued by Revenue officer of the Estate but mutation should not be sanctioned for a constructed house or building rather the Sub-Registrar should only notify that these buildings should be transferred, alienated, gifted by way of waqaf or trust through registered sale deed/instrument under Registration Act, 1908 to avoid any litigation among the co-sharers/land owners of the mouza as the property could not be identified by way of demarcation. (v) No khasra–girdawri document be issued for any abadi–deh.   (vi) The Registrar ICT shall only register deed instrument of sale, transfer of land after verification of built–up property at site through his officials by appointing local commission before registration of instrument under the law. (vii) The constructed properties after notification of Board of Revenue become urbane properties for all intent and purposes, even its subsequent transfer could only be made through registered deed only with reference to property number as per Register of MCI. At the end, in Para No. 17, the Court has warned the land mafia against encroachment and changing nature of the grazing area of the land and turning that into housing schemes of societies. Directions were also issued to the administration of ICT to give effect to the judgment. Click to Download

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Demarcation report of Revenue Authorities is necessary in disputes pertaining to Abadi Deh: Supreme Court

Justice Shan Gul of the Lahore High Court after setting aside judgments of two courts below in case titled as Riasat Ali and Others versus Yaseen and Others reported as 2022 MLD 1825, has held that demarcation report is sine qua nan to decide disputes pertaining to Abadi Deh. Abadi Deh falls under the ownership of the residents of the whole village and every resident of the village owns land in Abdi Deh to the proportion of his agriculture land in that village. The Court further held that only way out with the courts to decide a dispute wherein both the parties claim ownership over Abdi Deh and  wherein it is to be settled that which one of them is the owner of the suit land is to require the Revenue Authorities to submit demarcation report in the court. Click to Download

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