SARDAR MUHAMMAD vs BARKAT ALI

This matter arises from a petition challenging the transfer of property under Settlement Scheme No. VII by the Tehsildar exercising powers of the Assistant Settlement Commissioner. The petitioner filed a civil suit to contest the transfer order, which was initially decreed by the Civil Court. However, on appeal, the Additional District Judge held that civil courts lacked jurisdiction in such matters, a view subsequently affirmed by the High Court. The Supreme Court of Pakistan reviewed the concurrent findings and the core legal question regarding the ouster of civil court jurisdiction over matters exclusively assigned to settlement authorities. The Supreme Court held that the Settlement Authorities possess exclusive jurisdiction in disputes of this nature, thereby upholding the concurrent findings of the lower appellate court and the High Court. The key principle laid down is that civil courts have no jurisdiction to entertain matters falling within the exclusive domain of settlement authorities under the applicable settlement schemes.