Muhammad Tahir, Etc. vs Nazeer Ahmed
This matter involves a petition for leave to appeal against concurrent findings of fact by three lower courts, which decreed the respondent's suit for a permanent injunction regarding specific land. The core legal question concerns the validity and effect of a document relied upon by the petitioners—a letter allegedly issued by the Settlement Commissioner (Urban) Punjab, Lahore—to establish their title to the disputed property. The Supreme Court examined the document and found its veracity highly doubtful, noting that the office of the Settlement Commissioner had ceased to exist due to the repeal of settlement laws at the time of the alleged issuance. Furthermore, the Court observed that the document lacked a proper reference number or date and merely constituted a conditional offer for alternative land, which had not matured into a permanent transfer deed. Consequently, the Court held that the petitioners failed to establish a valid title. The petition was dismissed, affirming the principle that a conditional offer of land, unsupported by a formal transfer deed and issued by an authority lacking jurisdiction, cannot confer legal title.
- Can a document issued by an office that has ceased to exist due to the repeal of settlement laws serve as valid proof of title?
- Does a conditional offer of alternative land constitute a matured title in the absence of a permanent transfer deed?
- Can concurrent findings of fact be challenged in a petition for leave to appeal when the underlying claim of title is based on a dubious document?
1. ORDER Tending to assail concurrent findings Of fact recorded by the three Courts decreeing the respondent's suit for permanent injunction qua the spelt out land leave to appeal is being sought wherein, responding to query qua the petitioner's title learned counsel referred to the letter alleged to have been issued by the Settlement Commissioner (Urban) Punjab, Lahore dated 30th September, 1984 appended at page 112 of the paper book text whereof is reproduced hereunder:- "Reference your application dated 1.1.1984 and 30.3.1984 for allotment of surplus land in property No. 1-143 Ward No. 10, Railway Road, Faisalabad as alternate in lieu of the cancelled 'property known as Mer centile Press, Lahore.
2. As per order of Supreme Court of Pakistan dated 10.9.1975 passed in Civil Appeal No. 3/1970, the Government of the Punjab, has been, pleased to accept your request for transfer of land (about 8 kanals) found surplus, beyond the entitlement of Mr. Khadim Mohiuddin, transferee of the bungalow No. P- 143, Ward No. 10, Railway Road Faisalabad on the following conditions:-
(i) That the status quo order dated 17.9.1984 granted by the Lahore High Court, in Writ Petition No. 360-R-1984, titled Khadim Mohi- ud-Din etc. v. C.S.C/M.B.R etc." is vacated and the excess land becomes available for disposal.
(ii) Thereafter the area shall be actually measured by the Assistant Commissioner/Deputy Settlement Commissioner, Faisalabad and price determined at the rate of Rs. 300/- per . Maria prevailing in the year, -I960. The alternate land will be limited to the value of your original claim actually utilized in the case "Mer centile Press i.e, Rs. 86,666/-
(iii) The transfer price shall be adjusted from your Compensation Book out of the available Compensation amount."
3. Veracity whereof, prima facie, seems to be not free from doubt because on the date in question office of Settlement Commissioner had ceased to exist with repeal of the settlement laws, further its perusal reveals strange feature viz. It refers to Member Board of Revenue (S& R) by name while describing the subject which even does not bear any number or date, additionally this document merely offers an alternative land with certain conditions, title whereto admittedly yet has not matured into reality in the shape of permanent transfer deed.
4. Independent thereof the' learned 'counsel could not dislodget he reasons recorded, resultantly, the petition being devoid of any substance fails and is hereby dismissed. Leave declined.