ALI MUHAMMAD And Others vs MUHAMMAD HANIF And Other
This matter arises from a dispute over a parcel of agricultural land forming part of Khasra No. 860 in village Kamahan, Tehsil and District Lahore, which was allotted and confirmed in favour of the petitioners. Respondents challenged the allotment on the ground that the land was recorded as Ghair Mumkin Abadi containing their residential houses and was deemed transferred to them under Scheme No. VII. The High Court accepted the respondents' writ petition, holding the allotment in favour of the petitioners to be void ab initio as the land was not available for transfer as agricultural land. The core legal question addressed was whether land recorded as Ghair Mumkin Abadi and occupied by residential houses was available for allotment as agricultural land. The Supreme Court dismissed the petition, holding that the concurrent findings of fact by the tribunals and the High Court regarding the nature and occupation of the land were unexceptionable. The key principle laid down is that land classified as Ghair Mumkin Abadi containing residential houses in actual occupation is not available for transfer as agricultural land.
- Whether land recorded as Ghair Mumkin Abadi and occupied by residential houses is available for transfer as agricultural land?
- Can an allotment of land be held void ab initio if it was not available for transfer under the relevant scheme?
- Will the Supreme Court interfere with concurrent findings of fact regarding the nature and occupation of disputed land?
ORDER
M.S.H. QURAISHI, J.--The dispute relates to a part of Khasra No. 860, measuring 1 Kanal 7 Marlas, situate in village Kamahan, Tehsil and District Lahore, which was allotted to the petitioners as agricultural land and later confirmed in their favour on 3-7-1968. Another part o1 the same Khasra, measuring 2 Kanals 18 Marlas, was similarly allotted to one Nawaz Khan. These allotments were challenged by respondents 1 to 5 on the ground that the Khasra No. 860 was recorded as Ghaiz Mumkin Abadi, that there were houses of the respondents on it and that it was deemed to have been transferred in their favour under Scheme No. VII. Their appeal against Nawaz Khan succeeded on 15-5-1969 and the allotment in the name of Nawaz Khan was cancelled. Their revision filed against the petitioners was, however, dismissed in default, whereupon they moved Writ Petition No. 35/11 of 1975. The High Court noted that the record did show that the aforesaid Khasra number was Ghair Mumkin Abadi and that the fact that it consisted of houses which were in occupation of the respondents was not denied by the petitioners. The writ petition was, therefore, accepted and the allotment made in favour of the present petitioners was held to be void ab initio.
2. It is thus seen that the Tribunal as also the High Court came to the same finding that Khasra No. 860 was Ghair Mumkin Abadi whereupon stood residential houses in occupation of the respondents. That being so, the finding of the High Court that the property was not available for transfer to the petitioners as agricultural land is not open to exception. No case is made out for an interference. The petition is dismissed.