PROVINCE OF PUNJAB vs GHULAM MUHAMMAD SABIR ETC.S
The Anjuman Taraqi-e-Taleem-e-Aama established Muslim High School and Muslim Model Girls' High School on government-leased land in Faisalabad, which were subsequently nationalized. The respondent, Ghulam Muhammad Sabir, claiming ownership of the property, initiated ejectment proceedings against the schools under rent restriction laws. Although the Rent Controller dismissed the applications, the appellate court accepted them. The Provincial Government's subsequent writ petitions were dismissed by the Lahore High Court, which declined to interfere in its writ jurisdiction. The Provincial Government sought leave to appeal to the Supreme Court. The core legal question concerns whether the respondent could legally assert ownership or landlord status over the property, given the specific conditions of the government land grant prohibiting the assignment, subletting, or transfer of the land or buildings without prior written government permission, and the fact that the building plans were sanctioned in the name of the Anjuman. The Supreme Court granted leave to appeal to examine these issues, maintaining the status quo in the interim.
- Can a person claim ownership or landlord status over property built on government land when the grant explicitly prohibits transfer or assignment without government permission?
- Does the sanctioning of building plans in the name of an organization preclude an individual from claiming personal ownership of the property?
ORDER
M. S. H. QURESHI, J.-The Anjuman Taraqi-e-Taleem-e-Aama had set up Muslim High School and Muslim Model Girls' High School, Nigahbanpura, Faisalabad, on a piece of land leased out to them by the Government. The Schools were later nationalised. Ghulam Muhammad Sabir, Manager of the Anjuman, claiming him self to be owner of the property, instituted two applications for ejectment under the Rent Restriction Laws on the ground of default, which were dismissed by the Rent Controller but were accepted by the appellate Court. The Provincial Government challenged the order of ejectment through Writ Petitions Nos. 3 26 and 327 of 1981 but the same were dismissed by a learned Single Judge of the Lahore Court, as not warranting interference in the exercise of the writ jurisdiction. The Provincial Government is now seeking leave to appeal.
2. It is submitted that one of the conditions of the grant of the land to the Anjuman was that the latter would not "assign, sublet or transfer by mortgage or otherwise, or part with the land or any part thereof, or any building standing thereon, without the permission in writing of Government first obtained". It is also submitted that the building plan for the School had been, sanctioned by the Municipal Committee, Faisalabad, in the name of the Anjuman. In these circumstances the question whether Ghulam Muhammad Sabir could assert to be owner of the property or even its, landlord, requires to be considered. Leave is, therefore, granted in both the petitions. The order for maintenance of status quo already passed shall continue.