Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Official Citation: 2026 LHC 1747
Court / Jurisdiction: Lahore High Court (Honorable Mr. Justice Mirza Viqas Rauf)
Parties: BEGUM JAAN ETC vs M.B.O.R ETC
Ruling Summary: This decision was rendered by the Lahore High Court (Honorable Mr. Justice Mirza Viqas Rauf), officially reported as 2026 LHC 1747. In this matter between BEGUM JAAN ETC and M.B.O.R ETC, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
COURT: Lahore High Court (Honorable Mr. Justice Mirza Viqas Rauf) DECISION DATE: 10-03-2026 TAGLINE: The allotment in favour of petitioner was questioned by the respondents being the outcome of fraud, which cannot be determined in summary proceedings. The questions canvassed in the application were rested on intricacy of facts for the resolution of which, office of the Chief Settlement Commissioner, even otherwise, was not a proper forum as such questions clearly fall within the jurisdictional domain of ordinary civil Court, being the Court of ultimate jurisdiction. CASE DETAILS: Writ Petition-Land-Proprietary rights 428-21 ============================================================ Stereo.HCJDA 38. JUDGMENT SHEET. LAHORE HIGH COURT RAWALPINDI BENCH, RAWALPINDI. JUDICIAL DEPARTMENT W.P.No.428 of 2021
BEGUM JAN, ETC. Versus.
MEMBER, BOARD OF REVENUE/CHIEF SETTLEMENT COMMISSIONER/ADMINISTRATOR (RESIDUAL PROPERTIES)/ NOTIFIED OFFICER, PUNJAB, ETC.
JUDGMENT.
Mirza Viqas Rauf, J. This petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 is in the form of certiorari seeking annulment of order dated 19 th March, 2019 passed by respondent No.1 on the application of respondents No.2 to 5 (hereinafter referred to as “respondents”) whereby they requested for cancellation of allotment of petitioner No.1 (hereinafter referred to as “ petitioner”) as well as transfer of the land in their favour in terms of section 3 of the Evacuee Property and Displaced Pers ons Laws (Repeal) Act, 1975 (hereinafter referred to as “Act, 1975”). 2. Learned counsel for the petitioners contended that the respondents being the tenants in the land in question were having no locus-standi to move the application to respondent No.1 for cancellation of allotment of the petitioner. It is contended with vehemence that respondent No.1 was not vested with any authority to proce ed with the Date of hearing: 10.03.2026 Petitioners by: Ch. Imran Hassan Ali, Advocate. Respondent No.1 by: Ms. Rahat Farooq Raja, Assistant Advocate General Punjab and Mr. Muhammad Zafar - ul-Hassan Joya, Advocate/Legal Advisor. Respondents No.3(B), 4 and 5 by: Mr. Arshad Majeed Malik, Advocate. Respondents No.2(A) to 2(L), 3(A) and 3(C) to 3(G) are ex-parte. 2
W.P.No.428 of 2021
application of the respondents and as such impugned order is coram non judice. Learned counsel submitted that even otherwise, the respondents are estopped to call in question the allotment in favour of petitioner in terms of Article 115 of the Qanun-e-Shahadat Order, 1984. It is emphatically argued that respondent No.1 has wrongly assumed the jurisdiction in the matter and the impugned order is patently illegal. In support of his contentions, learned counsel placed reliance on Dr. MUHAMMAD IQBAL and 9 others v. MEMBER, BOARD OF REENUE/ CHIEF SETTLEMENT COMMISSIONER, LAHORE and onother (PLD 2010 Lahore 249) , SAGHEER MUHAMMAD KHAN and 5 others v. MEMBER (JUDICIAL-V) BOARD OF REVENUE, PUNJAB and 4 others (PLJ 2009 Lahore 682) PROVINCE OF THE PUNJAB through Member Board of Revenue, (Residual Properties), Lahore and others v. MUHAMMAD HUSSAIN through Legal Heirs and others (PLD 1993 Supreme Court 147) and NOOR MUHAMMAD through L.Rs. v. Mst. MUZAFFAR BIBI and otthers (2006 SCMR 25). 3. Conversely, learned counsel representing the respondents tried to defend the impugned order with the submission that there is ample material on record to show that the allotment in favour of petitioner was fraudulent. 4. On the other hand, learned Law Of ficer as well as learned counsel representing the respondent No.1 halfheartedly controverted the submissions of learned counsel for the petitioners. 5. Heard. Record perused. 6. The proceedings in the matter started with an application of the respondents moved to respondent No.1 with the request that the allotment in favour of petitioner be cancelled being fraudulent and without jurisdiction and after cancellation the land may be transferred in their favour under section 3 of the Act, 1975. The respondent No.1 while assuming the jurisdiction upon the application proceeded to pass the 3
W.P.No.428 of 2021
impugned order holding that the evacuee land measuring 111 -Kanal 5- Marla was fraudulently got transferred by the petitioner through mutation No.192 dated 13 th April, 1978. It was also observed that since the respondents are in cultivating possession over the land measuring 37 - Kanal 11-Marla bearing Khasra No.5939 and 23 -Kanal 5-Marla bearing Khasra No.5941, so they fulfill the required criteria as laid down in section 3 of the Act, 1975 and they are allowed to purchase the same at current market price to be assessed by the District Price Assessment Committee. With regards to the remaining land, it was, however, observed that it be put into unrestricted public auction after fulfi llment of legal requirements. 7. Before pondering upon the propriet y and the legality of the impugned order, it would be apposite to first have a synopsis of the relevant facts. The petitioner being the refugee of Kashmir was allotted evacuee agricultural land measuring 111-Kanal 5 Marla situated in village Toham Mehram Khan, Tehsil Talagang, District Chakwal to which effect, mutation No.192 dated 30th April, 1978 was sanctioned. The respondents being the tenants of land measuring 37 -Kanal 11-Marla bearing Khasra No.5939 and 23 -Kanal 5 -Marla bearing Khasra No.5941 (part of land allotted to the petitioner) moved the application at hand with twofold prayers, firstly that the allotment of the petitioner be cancelled while declaring it as fraudulent and secondly to transfer in their names the land in their occupation, in terms of section 3 of the Act, 1975. The application moved by the respondents was accordingly acceded. 8. It is an admitted position that mutation for allotment of land in favour of petitioner was sanctioned way back in the year 1978, which was called in question by the respondents through an application in the year 2014 after about 35 years, which at the face of it was considerably belated and suffered with laches. The respondents, since have called in question the allotment of petitioner, being tenants in part of the land in question, so they were also confronted with a question of estoppel as 4
W.P.No.428 of 2021
ordained in Art icle 115 of the Qanun -e-Shahadat Order, 1984, which is reproduced below for ready reference: - 115 Estoppel of tenant and of licensee of person in possession . No tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property; and no person who came upon any immovable property by the license of the person in possession thereo f shall be permitted to deny that such person had a title to such possession at the time when such license was given. 9. It would not be out of context to mention here that the respondents while moving the application though did not specifically concede their status as tenants of the petitioner but to this effect, overwhelming material is available on record, which even could not be refuted by the respondents. 10. Next comes the authority of respondent No.1 to adjudicate the matter in issue. It though evinces from the impugned order that at the time of passing it, respondent No.1 was wearing four hats e.g. Member Board of Revenue, Chief Settlement Commissioner, Administrator (Residuary Properties) and Notified Officer but from the tenor of the impugned order and more specifically its operative part, it clearly signifies that respondent No.1 assumed the jurisdiction , being Chief Settlement Commissioner, Punjab. 11. Needless to mention that w ith the promulgation of Act, 1975, certain laws relating to evacuee property and rehabilitation of displaced persons were repealed and as a result thereof, entire hierarchy of the settlement department was done away with the exception of Notified Officer, who after the repeal of evacuee laws can function but having a limited and restricted jurisdiction of proceeding with, adjudicating and deciding the pending cases alone, which is quite clear from the bare language of section 2 of the Act, 1975, which reads as under: - 2. Repeal of certain laws. (1) The following Acts and Regulations are hereby repealed, namely:-- (i) the Registration of Claims (Displaced Persons) Act, 1956, 5
W.P.No.428 of 2021
(ii) the Pakistan Rehabilitation Act, 1956, (iii) the Pakistan (Administration of Evacuee Property) Act, 1957, (iv) the Displaced Persons (Compensation and Rehabilitation) Act, 1958; (v) the Displaced Persons (Land Settlement) Act, 1958, (vi) the Scrutiny of Claims (Evacuee Property) Regulations, 1961, and (vii) the Price of Evacuee Property and Public Dues (Recovery) Regulations, 1971. (2) Upon the repeal of the aforesaid Acts and Regulations, all proceedings which, immediately before such repeal, may be pending before the authorities appointed thereunder shall stand transferred for final disposal to such officers as m ay be notified by the Provincial Government in the official Gazette and all cases decided by the Supreme Court or a High Court after such repeal which would have been remanded to any such authority in the absence of such repeal shall be remanded to the officers notified as aforesaid. (3) Any proceedings transferred or remanded to an officer in pursuance of sub-section (2) shall be disposed of by him in accordance with the provisions of the Act or Regulation hereby repealed to which the proceedings relate. (4) The final orders passed under sub -section (3) shall be executed by the Board of Revenue of the Province in accordance with the provisions of the Act or Regulation hereby repealed to which the proceedings related. From the above, it can safely be observe d that with the repeal of the evacuee laws, the office of Chief Settlement Commissioner is no more in existence and the powers so exercised by respondent No.1 are absolutely without lawful authority. 12. In somewhat similar circumstances, in the case of Dr. MUHAMMAD IQBAL and 9 others supra, it was held as under: -
4. Heard. I am amazed, dismayed and astonished to note as to under what authority of law, the Governor or the Government of Punjab could issue the Notification conferring upon the respondent the powers of Chief Settlement Commissioner and designated him to be so regarding the post/office which is non -existent (in law), rather has been expressly abolished since 1975 by the repeal provisions, on a ccount of which, the entire hierarchy of the Settlement Department has been done away with; it is only the "Notified Officers", who after the repeal of evacuee law can function, but having a limited and restricted jurisdiction of proceeding with, adjudicat ing and deciding the pending cases alone; 6
W.P.No.428 of 2021
it is so very clear from section 2(2) of the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 (Act XIV of 1975), which reads as below: ---
"Upon the repeal of the aforesaid Acts and Regulations, all proceedings which, immediately before such repeal, may be pending before the authorities appointed thereunder shall stand transferred for final disposal to such officers as may be notified by the Provincial Government in the official Gazette and all cases decided by the Supreme Court or a High Court after such repeal which would have been remanded to any such authority in the absence of such repeal shall be remanded to the officers notified as aforesaid."
Thus, notwithstanding the Notification, to which re ference has been made by the learned counsel for the respondent, the said office/officer does not enjoy any power as the Chief Settlement Commissioner, but only can act as the Notified Officer, therefore, the cognizance in the matter and exercise of the po wer on account of that, is grossly and absolutely without lawful authority; moreover, the Settlement Department including the Chief Settlement Commissioner after the repeal of the evacuee law has been rendered functus officio to consider any question relat ing to any allotment/transfer of the evacuee property, which had been made under the settlement laws when those were in force and (then) prevailing; and obviously and undoubtedly has no authority to reopen a case now in 2008/2009 regarding the transfer mad e before 1969, as the matter is duly, and squarely covered by the rule of past and closed transaction, besides, the Notified Officer can only proceed in the pending proceeding, whereas this is not true for the present case; the following judgments are rele vant to support the above view: ---
Aminuddin v. Settlement Commissioner and others (1973 SCMR 624)
"The learned counsel appearing in support of this petition has sought to assail the correctness of the conclusion of the High Court, but we are of the opin ion that after the repeal of Rules 6 and 7, there was no power left in the Settlement authorities to correct even the clerical mistakes in the P.T.D. This is now well -settled and, therefore, we can find no ground upon which any just exceptions can be taken to the conclusion arrived at by the High Court."
Mst. Jehan Ara Begum v. Bashir Ahmad and others (1975 SCMR 401)
"In this view of the matter, the Settlement Commissioner was perfectly justified in holding that he had no power to cancel the P.T.D. on the ground of fraud and misrepresentation. In the circumstances of the present case, the proper remedy for respondent No.1 is to challenge the P.T.D. on the ground of fraud and misrepresentation before the Civil Court, if so advised."
Muhammad Shafi v. Mauj Din Khan and 3 others (PLD 1976 Lahore 17) 7
W.P.No.428 of 2021
"(8). Petitioner had been issued Permanent Transfer Deed. The Settlement authorities have, thus, become functus officio. Reliance may be placed on Syed Murid Hussain Shah v. Mufti Muhammad Yousaf Ali and another (1). Even if it were a case of fraud or misrepresentation, the Settlement authorities would have no jurisdiction in the matter as held by their Lordships of the Supreme Court in the case of Mst. Jehan Ara Begum v. Bashir Ahmad and others in Civil Appeal No .39 dated 28th March, 1974, wherein it was observed that "the question whether the Settlement authorities could set aside the P.T.D. on the ground of fraud and misrepresentation was recently considered by this Court in Civil Appeal No.109 of 1969 (Haji Fai zul Hague Khan v. Syed Abdul Hamid and others). It was observed in that case as under: ---
"We are also unable to agree with the view of the Settlement Commissioner and the High Court that even after a P.T.D. has been issued, the Settlement authorities can deal with the property. Under the P.T.D. Rules, a P.T.D. could under rule 7 only be cancelled on the ground that it has been obtained by fraud or misrepresentation or in contravention of any of the provisions of the Act but after rule 7 was deleted by a n otification issued on the 27th of December, 1964, even this power disappeared, as held by this Court in the case of S. Anwar Hussain Sami v. Sarfraz Ahmad and Aminuddin v. Settlement Commissioner."
Bilqis Begum and others vs. Fazal Muhammad and others (1987 SCMR 1441).
"Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) ---
----Ss.10 & 11 ---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2(2) ---Constitution of Pakistan (1973), Arts.185 (3) & 199 ---Settlement authorities ----Exercise of jurisdiction after repeal of Act ---Transfer of evacuee property --- Order cancelling transfer challenged in writ jurisdiction ---Question arising whether Deputy Settlement Commissi oner, whose office ceased to exist on 1 -7-1974, by repeal of Act, could assume jurisdiction, on directions of Chief Settlement Commissioner, to re - open transfer which stood finalized in all respects under repealed Act---High Court holding that this could n ot be done and view expressed by Deputy Settlement Commissioner that he had jurisdiction to decide matter as this was a pending case, was erroneous because application whereby instant case was reopened, was itself made for first time on 20 -3-1976---Supreme Court affirming High Court's view, held, that impugned order of D.S.C. was contrary to law and was passed without lawful authority and declined to exercise its discretionary jurisdiction to grant leave."
Khawaja Bashir Ahmad v. The Additional Settlement Commissioner, Rawalpindi and others (1991 SCMR 1604).
"Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) ---
8
W.P.No.428 of 2021
----S.10---Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2(2) ---Constitution of Pakistan (1973) , Art.185(3) ---No case in respect of property in question, was pending before any of the Settlement Authorities or before High Court/Supreme Court ---Effect---Property in question, having been transferred to appellant in 1964, he secured P.T.D., after depos iting transfer price ---Transfer of property in favour of petitioner, thus, attained finality ---Evacuee Laws were repealed on 28th January 1975, on which date present case was neither pending before Settlement Authorities nor before High Court/Supreme Court --- Notified Officer, therefore, had no jurisdiction, whatsoever, to re - open the transaction which was past and closed ---High Court, also could not remand the case to same Authority for any decision --- Order of High Court and that of Notified Officer were se t aside."
Province of the Punjab through Member Board of Revenue, (Residual Properties), Lahore and others v. Muhammad Hussain through Legal Heirs and others (PLD 1993 SC 147).
"....The Clerk of the Court of Chief Settlement Commissioner who made the app earance and even the lawyer appointed by the Solicitor was supposed to represent the Chief Settlement Commissioner when in fact no such office did exist in the eye of law."
Sved Istijab Hassan and 4 others v. Member (Settlement and Rehabilitation Wing), B oard of Revenue/Chief Settlement Commissioner, Punjab, Lahore and 2 others (1999 YLR 1627).
"No proceedings were pending against the allotment of the petitioner at the time of the repeal of Settlement laws ---Such an inquiry by Authorities, therefore, was without lawful authority, coram non judice and of no legal effect ---Inquiry against petitioner was ordered to be quashed in circumstances."
Nawabzada Zafar Ali Khan and others v. Chief Settlement Commissioner/Member, Board of Revenue, Punjab, Lahore and others (1999 SCMR 1719).
"Only such matters which were either actively pending consideration before Authorities for final disposal or had been remanded by the High Court or Supreme Court were to be finalized by the "Notified Officers". The Settlement or Re habilitation Authorities by express positive assertion had no jurisdiction to entertain any fresh petition or representation. In the present case undisputedly question of entitlement concerning agricultural property was neither remanded by Supreme Court no r any such directions were made by the High Court whereby notified officer on its strength could commence proceedings. Therefore, any petition or representation filed with regard to matter which otherwise stood finalized long back or even where aggrieved p erson may believe to have legitimate claim, same under the law could not be entertained by Chief Settlement Commissioner or Notified Officer or any other Settlement Authority by virtue of Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975. Ther efore, proceedings drawn by Settlement Commissioner which culminated in passing of order, dated 26 -2- 1992 were devoid of lawful authority and deemed to have no legal 9
W.P.No.428 of 2021
effect. Therefore, on the established principle of law entire edifice constructed over it shall automatically crumble and fall to the ground."
Jamal-ud-Din v. Member, Board of Revenue and 4 others (2001 CLC 81).
"Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) ---
----S. 10 ---Permanent transfer deed, issuance of---Powers of Settlement Authorities to interfere in allotment ---Subsequent to issuance of title documents ---Extent---After the issuance of title documents i.e. Permanent Transfer Deed, the property absolutely vests in the transferee and the Settlement Au thorities become functus officio, subject to fraud or forgery.
Note by this Court: ---
(It may be added here that the cognizance on the basis of fraud etc. can only be taken when the evacuee law was in force but not after its repeal).
Evacuee Property an d Displaced Persons Laws (Repeal) Act (XIV of 1975) ---
----S.2(2)---Constitution of Pakistan (1973), Art.199 --- Constitutional petition ---Re-opening of matter ---Permanent Transfer Deed was issued in favour of the petitioner on 24 -4-1962-- -Settlement Author ities in the garb of application for inspection of the premises prepared a report, dated 24 -9-1997, whereby the premises were stated to be owned by the Settlement Department and not transferred to the petitioner ---Validity---Authorities did not act in acco rdance with law in re -opening of the matter on the basis of such application --- Report prepared by the Settlement Authorities was without lawful authority."
Syed Ahmad Nusrat Ullah and others vs. Member, Board of Revenue and others (2002 CLC 384).
"Where the Settlement Authority did not make any mention in the order that it was proceeding in the matter against the allottee in exercise of any purported suo motu jurisdiction, the Authority acted without jurisdiction and lawful authority in proceeding agains t the allottee and in cancelling his allotment ---Order passed by the Settlement Authority was set aside ---Constitutional petition was allowed accordingly."
Government of Punjab, Colonies Department, Lahore and others v. Muhammad Yaqoob (PLD 2002 SC 5).
"Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) ---
---S. 2 ---Term "pending proceedings" as used in S.2 ---Object and scope---"Pending proceedings" would mean an initial step taken as 10
W.P.No.428 of 2021
contemplated under the settlement laws for allotme nt of land against verified claim of the claimants but the same did not finalize before the repeal of the evacuee laws".
Member (S&R)/Chief Settlement Commissioner, Board of Revenue, Punjab, Lahore and another v. Syed Ashfaque Ali and others (PLD 2003 SC 132).
"The expression "proceedings" has not been defined in the Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975 but it is a very comprehensive term and generally includes a prescribed course of action for enforc ement of a legal right, which would essentially involve the requisite steps by which judicial action is invoked. A "proceeding" would include every step taken towards the furtherance of a cause before a Court or a Tribunal where it might be sub judice. It is the step towards the objective to be achieved, say for instance the judgment in a pending suit. The proceedings commence with the first step by which the machinery of law is placed into motion in order to take cognizance of a cause. Proceedings under th e repealed laws would appear to commence with the application of a person entitled to the transfer of land out of evacuee pool under the schedule and the schemes framed thereunder. Normally, such application would be disposed of through an order passed by a Competent Authority designated under the law and any person dissatisfied with such order may seek remedy before the appellate and/or revisional forum provided by law. In such a case proceedings remain pending until their final conclusion by the highest a uthority prescribed under the law."
Sagheer Muhammad Khan and 5 others v. Member (Judicial -V) Board of Revenue, Punjab and 4 others 2009 YLR 1255.
"---Chief Settlement Commissioner is no longer an entity much less a legal entity ---Even before the repeal of the laws once transfer documents had been issued questions arising as to their genuineness were to be decided by the Civil Court."
Sved Hassan Askari v. Board of Revenue, Punjab, Lahore and 2 others (PLD 2009 Lahore 78).
"---Allotment, cancellation of ---Allegation of fraud and forgery --- Past and closed transaction ---Authorities reopened the case of allotment of land in favour of petitioner on the plea of fraud and forgery---Validity ---Mere allegation of fraud and forgery did not, ipso facto, vest the a uthorities with jurisdiction in a matter which had otherwise attained finality ---If such a course was allowed to be adopted, then there would be no end to it ---Issuance of memorandum and initiation of proceedings by authorities were without any factual or legal jurisdiction and were declared as of no legal effect ---Official functionaries of State were expected to take maximum care before initiating proceedings in such matters on mere…
Read the unabridged text and precedent citation network on Al Wakeelo Legal Research Platform.