Land Laws

                     Land Laws

W.P. Land Revenue Act, 1967(XVII of 1967)

Section 4 (7)

-    Expression “defaulter” includes “surety”-
-    Lambardar who is liable for the arrears of land revenue is a “defaulter”-within the meaning –A third person as a surety of the “borrower” deemed defaulter in these proceedings
PLD 1988 LAH 627 (Fazal Kareem)
H.N (9) AND PARA 5 OF JUDEMENT

Ss.7 & 8, Art. 199

-    Plea of tenants that one suit both for recovery of arrears and for ejectment was not maintainable. Held, there was no bar to collect both the remedies in one suit, however, W.P. was dismissed for there being factual controversies.

Allah Rakha        Vs.    Member (J.I.) Board of Revenue
2012 CLC 217. Lah.

Ss. 39 & 52.
-    Entries made in the revenue record carry presumption of correctness and it would require a strong evidence to rebut the same because entries were made  on the spot after thorough inquiry and verification by the locals.

-    When entries of column of lagan were irreconcilable with column of cultivation, the column of cultivation will prevail.

-    Entries of ownership column would prevail upon column of cultivation.
Muhammad Shafique & 30 others    V.    Taj Muhammad & 34 others.
2012 CLC 136 (Peshawar)

Section 42

-    Mutation does not create or destroy title as it is maintained for record of right.
Mst. Bibi Baghdia     Vs.    Abdullah Khan
2012 CLC 165 (Pesh)

Section 42

-    Entry of mutation incorporated in record of rights carried presumption of truth-execution of mutation proved circumstances.
1995 CLC 1061

-    Mutation does not create title and does not adversely affect rights of a person –entries are only for revenue record.
PLD 1973 LAH 495
1981 CLC 1752 LAH
1983 CLC 663 PESH

-    Absence of attestation of mutation would not be binding to hold that no sale has taken place –but it would seen that sale has otherwise been established.
PLD 1995 PESH 138
-    Mutation does not create or destroy title as it is maintained to keep the record.
Bibi Baghdadia  Vs.  Abdullah Khan
2012 CLC 165 Peshawar

Section 53

-    Where a suit is filed for the correction of Revenue Record and title is denied by the opposite party only civil court has the jurisdiction-to determine the question of title and old entries in the revenue record cannot be changed.
PLD 1994 SC 336

Section 80, 81, 82

-    Power to arrest must be subject to the statutory condition precedent that demand and further notice have been served under section 82(2)
PLD 1988 LAH 627
SECTION 81 , 82

-    Default –detention not as a last resort –could be the first step –aggrieved could have approached Banking court –constitutional petition not entertainable.
1994 CLC 273 LAH

-    Petitioner’s father obtained loan-stipulation in agreement that heirs, successors and assigns would be individually and severally liable for repayment –petitioner being male heir of debtor claim could be enforced against him or any heir – if matter referred to revenue authorities –detention could be first option –although property could be sold.
1994 CLC 275 LAH

-    Service of two notices of demand is a must before issuance of warrants of arrest-no notice served on detenue –detention illegal.
PLD 1993 LAH 525.

Section 164,53

-    Revenue courts/authorities bound to correct the revenue record in light of decree of the civil court.
1995 MLD 1029

W.P. Land Revenue Rules, 1968

RULE 17, 19 (2) & 21.

-    Appointment of Lamberdar- where no hereditary claim is put forward at the time deceased Lamberdar –application for fresh appointment could be ------by D.C., High Court had no jurisdiction.
-    Merits of “premogeni---- also defined
-    Rel. corpus juris, world Book Encyclopedia
PLD 1995 LAH 512
REL, 1982 SCMR 202

Agricultural Development Bank of Pakistan Ordinance, 1961(IV of 1961)

Section 25; CPC SEC.9; L.Rev. ACT SEC.172(2)(XV)

-    Sec.172 not wider to cover all cases of recovery of land revenue –can be invoked by Govt. when recovery of land revenue –or arrears as land revenue to be recovered –person making claim relating to or connected with such collection , recovery or process , jurisdiction of civil court barred.
-    However, where there is fraud civil court has jurisdiction?

Section 25

-    Arrears as land revenue, no need to go court for determination.
1984 CLC KAR 2048

-    Arrears of land revenue can be recovered only after determination as fixed, ascertained etc.-procedure for determination mist be adopted and duly certified.
PLD 1988 SC 67 (ADBP VS SANAULLAH) H.N. (f) (g)
PLD 1992 PESHN 87 (B)

-    No coercive measures for recovery against legal heirs-however can be recovered from estate inherited.
PLD 1988 SC 67 (e)

-    Contractual obligations of deceased loanee binding on legal heirs to the extent of estate.
PLD 1988 SC 67

Section 25

-    Recovery as arrears – coercive measures- should be last step –project can be taken over as first step and recovery from its proceeds-if this not efficacious Bank can sell mortgaged properties.
1995 MLD 12 LAH

-    Except in cases there an element of lawful determination of sums recoverable as arrears of land revenue is in built in legislation, necessary determination had to be made.
1990 MLD 869

The Punjab Tenancy Act, 1887

The Punjab Pre-emption Act, 1913

-    SECTION 5,6,7 declared repugnant to injunctions of Islam.
PLD 1988 F.S.C. 35

-    SECTION 15 & 30 and para 25 (3)(d) –MLR 115 as to right of pre-emption declared to be unIslamic.
PLD 1986 SC 360
(GOVT. OF N.W.F.P. VS SAID KAMAL SHAH)

-    Decree once passed before the target date the case to be decided under the Punjab pre-emption Act 1913. decree not passed at any stage, no new decree can be passed.
1988 SCMR 1579
(SARDAR ALI’S CASE)

TALABS

-    Requirement of Talabs not fulfilled –no decree in favour of the pre-emptor in such circumstances.
PLD 1988 SC 701
PLD 1989 SC 314

-    Right of pre-emption under Islamic law can be enforced on the grounds recognized by Islam.
PLD 1989 SC 771
PLJ 1989 SC 574

-    Provision of Sec 15 &30 –having come to an end, no suit can be continued unless decree passed before 31.7.86.
PLD 1990 SC 1060

Section 15 &30

-    Repeal was directed so as to remove legally ineffective provisions from the Statute Book.
PLD 1993 LAH 44

-    Talabs under Islamic law –procedure discussed .
1992 MLD 1

Section 15

-    Doctrine of sinker applicable to vendees –Sale divisible when share of each vendee is specified and the amount paid towards price by each vendee also specified.
PLD 1995 SC 482

Section 15

-    Preemptor and vendee being real brothers having equal pre-emption right –pre-emption not entitled to decree of possession by pre-emption as not having superior right
1995 CLC 2016

Section 15

-    Partial –preemption –missing of few Khasra Nos. which were included by amendment of plaint - plaintiff claiming entire land and willing to pay entire price –suit not case of partial preemption.
1995 SCMR 1833

Section 15

-    Wavier-act or conduct on which plea of waiver is founded should have direct nexus with sale transaction- earlier agreement by vendor with plaintiff was cancelled due to non-availability of funds –plaintiff not precluded to file suit for preemption.
1995 SCMR 945
Section 30
Art 10 of Limitation Act

-    Vendee/defendant having failed to prove factum of taking possession prior to sanction  of mutation as could not produce in evidence Khasra Girdawari and Rozenamcha as to change of possession-Limitation will start from date of sanction of mutation.
PLD 1995 SC 677

The Punjab Pre-emption Act, 1991

Section 13

-    Essential of making Talabs in terms of sec 13 illustrated. Entire case law discussed.
1995 MLD 1689 LAH(DB)

Section 13

-    Procedure of making Talabs as to jumping demand etc.
1995 CLC 1924

Section 13, 31.

-    Incumbent upon the officer registering sale deed or attestation mutation to give public notice within two weeks-presumption of regularity attached to official acts-preemptor neither denied nor produced evidence that he had no knowledge within prescribed time-presumption would be that preemptor had due knowledge with two weeks from ----alteration of mutation.
1995 SCMR 1510

Section 24

-    Non deposit of Zar-e- Soem, court has no jurisdiction to extend period for deposit of Zar-e-Soem beyond thirty days of institution of suit–court in such view of legal position had to dismiss suit.
1995 CLC 2002

Section 24

-    Time for deposit 1/3 preemption money fixed by statute vis Sec. 24 –could not be extended by court. Suit rightly dismissed on account of non deposit.
1992 SCMR 746
1995 MLD 1011

-    Court has power to determine nature of transaction in order to prevent defeating the purpose of preemption by defeating device.
-    Circumstances showing mortgage to be sale discussed.
1995 CLC 1587

SECTION 25, CPC O-XX R-14.

-    Payment of purchase price under Pre-Emption decree out of the court to vendee – such decree holder would not be deemed to have fulfilled the terms of decree and not effecting the right of the other rival pre-empter.
PLD 1994 Lah. 200

Conflicting View
PLD 1973 B.J. 42.
PLD 1962 Lah. 92.

Resolved by D.B. in
PLD 1979 Lah. 766 followed in
1984 CLC  3049

Contrary Indian View

AIR 1964 Pb. 305.
AIR 1973 Pb. & Haryana 319.

NWFP Pre-emption Act, 1987

Section 2 (d) (iv)

-    Exchange of agri-land not for better management would be included in the definition of sale.

Section 13

-    Difference of two says between knowledge of sale and Talb-e-Muwathibat was fatal to the suit for per-emption.
1995 CLC 1077

-    Talbe Muwathibat to specifically alleged in plaint and to be proved through evidence in court.
1995 MLD 1061

Section 13

-    Out if two vendees one having comprised with preemptor /plaintiff –compromise decree passed subsequently consent decree cannot be set aside as controversy of “Talabs” became irrelevant after parties have compromised.
PLD 1995 SC 649

The Land Acquisition Act, 1894

Division Bench of High Court dismissed the Intra Court Appeal on the ground that the same was not maintainable as Provincial Government had a right to appeal under Section 54 of the Land Acquisition Act… Validity… Remedy of appeal u/s 54 was not available to parties, therefore, dismissal of Intra Court Appeal on such ground regarding to Sect.3(2) of the Law Reforms Ordinance, 1972 was due to erroneous view of the Division Bench of the High Court… Supreme Court set aside the order and remanded the case to Division Bench of High Court for deciding Intra Court Appeal afresh.
Secretary  v.  Sajjad Ahmed
2012 SCMR 114 (S.C)

Section 3(8)

-    “Public Purpose” depends upon the facts and circumstances of each case, as per the need of the communal.
Muhammad Khan    V.    Federation
2012 CLC 101 (Sindh) (D.B)

Sec. 54
Punjab Land Acquisition Rules, Rule-14(2)
Law Reform Ord. XII of 1972, Sec. 3(2)

Intra Court Appeal

-    Certain portion of unutilized acquired land was restored to its original owners by the Board of Revenue. Intra Court Appeal was dismissed on ground that Punjab Govt. had right of appeal u/s 54 of Land Acquisition Act. Supreme Court held it was erroneous view and remanded the matter to D.B. for deciding afresh.
Secretary to Govt. of Punjab    Vs.    Sajjad Ahmad.
2012 SCMR 114.

Punjab Land Acquisition Rules, 1983

The Colonization of Government Lands (Punjab) Act, (V of 1912)

SECTION 10 &24

-    Where a person has cause of action to challenge an order on the ground that the was not heard and does not challenge it for forty years, his successors cannot take plea that their predecessor was not heard.
PLD 1994 SC 245

-    Judgments on the point that a person having joint possession has the right to challenge revenue entries at any time such as.
1981 SCMR 1061
1983 SCMR 62
PLD 1990 SC 1.

-    Temporary cultivation scheme-petitioner still in possessing when notification for conferment of propriety rights issued petitioner entitled a proprietary rights.
1995 MLD 1005

Land Reforms Regulation, 1959 (MLR 115)

Land reforms regulation against injunctions of Islam.
1990 P.S.C 163

W.P. Consolidation of Holdings Ordinance, 1960

W.P. Redemption and Restitution of Mortgaged Lands Act (XIX of 1964)

SECTION 5,6, & 7.

-    Application for redemption of land is to be made under these provisions to the Collector.

-    Civil courts shall have no jurisdiction unless the power under these provisions has been exercised by the Collector.

-    Such a suit is competent if no application for redemption made within limitation to the Collector.

PLD 1994 SC 331
Rel. 1991 SCMR 2063
1993 SCMR 92.

Land Record Manual

Land Administration Manual

Canal and Drainage Act, 1873