ABDULLAH vs NAWAB KHAN
This matter comes before the Supreme Court of Pakistan on a petition for leave to appeal against a judgment of the Lahore High Court, which had allowed a civil revision and held that the Civil Court lacked jurisdiction to try the suit, remitting the plaintiffs to their remedy under Martial Law Regulations (M.L.R.). The core legal question for determination is whether Land Reforms Authorities possess the exclusive jurisdiction to decide matters relating to the determination of title, or if such lis falls within the domain of the Civil Court. Granting leave to appeal, the Supreme Court noted that the point raised requires detailed consideration, particularly in light of previous binding precedent cited at the bar affirming the jurisdiction of Civil Courts in such matters. The Court accordingly granted leave to appeal to examine the jurisdictional bounds between civil courts and special land reforms tribunals regarding title disputes.
- Whether the Civil Court has jurisdiction to try a suit involving the determination of title or if such matters fall exclusively within the jurisdiction of Land Reforms Authorities?
- Can parties agitate a title dispute under Martial Law Regulations to the exclusion of the ordinary civil courts?
ORDER
1. ' SH. RIAZ AHMAD, C.J.---Leave to appeal is sought against the judgment dated 23rd .Of June, 1999 whereby a learned Single Judge of the Lahore High Court allowed the civil revision of the respondents holding that Civil Court had no jurisdiction in the matter to try the suit and that plaintiffs could avail their remedy under M.L.R.
2. 115.
3. After hearing the learned counsel and going through the judgment impugned, the crucial question arising for determination is whether on the question of determination of title, Land Reforms Authorities had the jurisdiction to deal with the matter. Placing reliance on Nawab Muhammad Farid Khan v. Muhammad Afzal Khan 1968 SCM R 262, Malik Noor Muhammad Awan, Advocate Supreme Court submits that the only forum which could decide this lis is the Civil Court. The point raised needs consideration, therefore, we grant leave to appeal in this case.