Pakistan Case LawMANSHA ULLAH And Others Versus ALLAH DITTA
This matter arises from petitions for special leave to appeal concerning a land dispute over approximately 14 kanals and 13 marlas of shamilat-e-deh land in village Natha, Tehsil Nankana Sahib. The core legal question involves the propriety of civil proceedings instituted by estate owners to retain possession after forcibly ousting a non-owner possessor, while concurrent revenue proceedings regarding the restoration of possession were actively pending before the revenue hierarchy. The Supreme Court held that the civil suit appeared to be a device to frustrate the orders of the Revenue Authorities, and since the revenue orders directing restoration of possession to the dispossessed occupant had been affirmed by the Commissioner and were awaiting final adjudication before the Board of Revenue, the High Court committed no infirmity in dismissing the civil revisions. The key principle laid down is that civil suits cannot be utilized as a collateral mechanism to circumvent or frustrate lawful proceedings and orders of Revenue Authorities concerning the forcible eviction and restoration of possession of land.
- Can a civil suit be maintained to retain possession obtained through the forcible ouster of a person when proceedings for restoration of possession are pending before revenue authorities?
- Do Revenue Authorities possess the jurisdiction to restore possession to a tenant or occupant in the event of their forcible eviction?
- Whether the High Court's dismissal of a civil revision against concurrent findings in such circumstances suffers from any legal infirmity?
ORDER
SAAD SAOOD JAN, J: --The dispute in these two petitions for special leave to appeal relates to land measuring about 14 kanals and 13 marlas and situate in village Natha of Tehsil Nankana Sahib. It is part of the shamilat-e-deh and is owned by the owners in the estate. It was in the possession of the respondent who is not an owner in the estate.
2.The petitioners who are owners in the estate were able to oust the respondent from 8 kanals and 13 marlas out of the land in dispute. The respondent approached the Collector inter alia for the restoration of his possession of the area from which he had been thrown out. The Collector accepted his application and directed the petitioners to restore his possession. The petitioners filed an appeal before the Commissioner which was dismissed. They then filed a revision petition before the Board of Revenue which is still pending and an order with regard to maintenance of status quo has been made.
3.The petitioners also filed a suit in a representative capacity for a declaration that they were owners and in possession of the land in dispute. They also sought a consequential relief to restrain the respondent from interfering with their possession. The trial Court decreed the suit in so far it related to the land out of which the respondent had been ousted. The respondent filed an appeal and the petitioners preferred cross-objections before the District Judge. A learned Additional District Judge dismissed the appeal of the petitioners and accepted the cross-objections of the respondent and dismissed the suit. The petitioners filed civil revisions in the High Court. A learned Single Judge dismissed the revision petitions with the direction that the respondent should not forcibly dispossess the petitioners but observed that he would be free to obtain possession through execution of the order of the Revenue Courts. The petitioners seek leave to appeal from the judgment of the High Court.
4.After hearing the learned counsel for the petitioners we are not persuaded that the judgment of the High Court suffers from any infirmity. The ownership of the petitioners over the land in dispute is not denied by the respondent. The question whether they were entitled to take over its possession in the manner in which they did, was considered by the Collector and he decided it against them. His order was upheld by the Commissioner. The matter is now pending before the Board of Revenue. Even though the Board of Revenue has directed maintenance of status quo but it has not yet set aside the order of the Collector as affirmed by the Commissioner. It is not in dispute that the Revenue Authorities can restore possession of their holding to the tenants in the event they are forcibly evicted thereof. One cannot avoid the suspicion that the present suit was brought to frustrate the orders of the Revenue Authorities. These petitions are dismissed.
Judges on this bench
- Nasim Hasan Shah3,148 judgments
- Ghulam Mujaddid382 judgments
- Saad Saood Jan2,559 judgments