MUHAMMAD TAHIR and others vs NAZEER AHMED
This petition for leave to appeal sought to challenge concurrent findings of fact by three lower courts, which had decreed the respondent's suit for a permanent injunction regarding specific land. The petitioners attempted to establish their title by relying on a letter purportedly issued by the Settlement Commissioner (Urban) Punjab, Lahore, in 1984, which offered an allotment of surplus land as an alternative to a previously cancelled property. The Supreme Court examined the document and found its veracity highly questionable, 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 an official number or date and merely constituted a conditional offer rather than a matured title, as no permanent transfer deed had been executed. Consequently, the Court held that the petitioners failed to establish a valid title or dislodge the concurrent findings of the lower courts. The petition was dismissed, and leave to appeal was declined.
- Can a document issued by an office that has ceased to exist due to the repeal of relevant laws serve as valid proof of title?
- Does a conditional offer of land allotment without a permanent transfer deed constitute a matured title?
- Are concurrent findings of fact by lower courts subject to interference in a petition for leave to appeal when the petitioner fails to establish a valid title?
ORDER
1. 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 Ihereunder:-- "Reference your applications, 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 Mercentile Press, Lahore.
2. ' As per order of Supreme Court of Pakistan dated 10-9-1975 passed in Civil Appeal No,3 of 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 of 1984, titled Khadim Mohi-ud-Din and others v. C.S.C./M.B.R. And others" 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 Marla prevailing in the year, 1960. The alternate land will be limited to the value of your original claim actually utilized in the case "Mercentile 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 B 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 dislodge the reason recorded, resultantly, the petition being devoid of any substance fails and is hereby dismissed. Leave declined.
Cited by 2 cases
- JAMIL AHMAD SHEIKH vs Ch. ZAFAR IQBAL and another 2010 YLR 1257
- Jameel Ahmad vs M.B.R., Etc. K.L.R. 2010 Civil Cases 114