Transfer of Land

2022 YLRN 159 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 9(b)Constitution of Pakistan, Art.199Pre-arrest bail, grant ofTransfer of landRole of accusedDetermination

One of the petitioners was alleged to have purchased land from principal accused whereas the other petitioner was alleged to have got land transferred in his name from principal accused

Validity

At the time of transfer of land in favour both accused persons, they were quite young and dependent upon principal accused

Role assigned to both the accused persons could be determined at the time of trial after recording of evidence

Pre-arrest bail was confirmed, in circumstances.

2017 YLR 1079 KARACHI-HIGH-COURT-SINDH Judicial Precedent

R. 3Transfer of Property Act (IV of 1882), S.52Constitution of Pakistan, Art. 199Constitutional jurisdiction of High CourtScopeTransfer of landPetition for implementation of judgmentLaches, principle ofLis pendens, doctrine ofApplicabilityPetitioner sought implementation of judgment passed about 33 years before filing of present constitutional petitionContention of respondent was that present petition was not maintainable being hit by principle of lachesValidity

Permanent Transfer Order had been issued after payment in view of judgment passed in constitutional petition holding that transfer of land in favour of petitioner was valid

Settlement department had to keep the entry of permanent transfer in their record

Issuance of Permanent Transfer Order in favour of petitioner was not necessary

Permanent Transfer Order in favour of respondent issued during the pendency of constitutional petition was hit by doctrine of lis pendens and was subject to judgment of the Court

Suit property had been transferred in favour of petitioner and said transfer was not set aside by any valid or legal order

Subsequent transfer of property in favour of respondent was void in circumstances

Laches could not be equated with limitation and right of petitioner was to be protected

Constitutional jurisdiction of High Court under Art. 199 of the Constitution was not to be restricted by time factor

Issue of limitation was not attracted in the issue involved in constitutional jurisdiction

Question of laches could be examined but was not to deny the right of the petitioner which had to be examined on equitable principles

Authorities were directed to implement the judgment passed in the constitutional petition by cancelling transfer documents of respondents and issue transfer document in favour of petitioner within a period of 30 days

Constitutional petition was allowed in circumstances.

2016 YLR 452 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 54Civil Procedure Code (V of 1908), O. XXIII, R.3Transfer of land"Consent decree" and "sale deed", distinction

"Consent decree" and document on the basis of which land is agreed to be transferred, cannot be termed as "sale deed".

2012 CLC 1655 SUPREME-COURT-AZAD-KASHMIR Judicial Precedent

Ss. 52-A(5) & 42Transfer of land

Appellants submitted application before the Prime Minister claiming that they were owners of land which adjoined to Forest Land and that they wanted to exchange same with Forest Land

Prime Minister issued direction for process of the case and after some process allowed the exchange prayed for

Respondents who were permanent residents and the owners of land in the same village, challenged propriety of said order of the Prime Minister in writ petition and High Court granted writ prayed for

Validity

Under provisions of S.52-A(5) of Azad Jammu and Kashmir Interim Constitution Act, 1974, transfer of land by the Government or the Council would be regulated by law

Government or other Public Authorities had no discretion to distribute the State property as charity

Appellants had failed to refer any other provision of law empowering the Government to transfer the land to private person

Government, without making law according to spirit of S.52-A(5) of Azad Jammu and Kashmir Interim Constitution Act, 1974, could not transfer the State land to any person or exchange the same.

1986 SCMR 94 SUPREME-COURT Judicial Precedent

Art. 185(3)Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss.10 & 11Leave to appealTransfer of land

Questions, whether Settlement Commissioner (Lands) had no jurisdiction to admit and record additional evidence, and whether sufficient opportunity of rebuttal by arguments or reference to records or by cross-examination was not afforded to respondent side and whether case, instead of being decided by High Court itself by affording further opportunity to respondent side, if necessary, should not have been decided, in so far as merits of claims of parties were concerned, requiring examination

Petition converted into appeal and appeal ordered to be prepared on present record with liberty to parties to file additional evidence.

1983 SCMR 1192 SUPREME-COURT Judicial Precedent

Art. 185(3) read with Displaced Persons (Land Settlement) Act (XLVII of 1958)Transfer of landLeave to appeal

Granted to examine (i) whether Civil Court possessed jurisdiction to try subject-matter of suit relating to transfer of land under Act and (ii) whether High Court could, instead of remanding case for proper trial and decision, decide and decree suit itself.

1983 SCMR 744 SUPREME-COURT Judicial Precedent

Arts. 185(3) & 199 read with Displaced Persons (Land Settlement) Act (XLVI1 of 1958) and Rehabilitation Settlement Scheme (Part II), para. 20

Transfer of land-Safeguard of interest of refugees pending verification of their claims-Leave to appeal-Granted to consider whether High Court, in setting aside order of Additional Settlement Commissioner, ignored provision of para. 20 of Settlement Scheme (Part II).

1982 SCMR 944 SUPREME-COURT Judicial Precedent

- Ss. 10 & 16-Transfer of land-Concurrent findings of Settlement authorities that petitioner never filed any claim forms nor applied for transfer of land in his occupation-Such land transferred by auction to another party-Held, petitioner had no locus standi to approach High Court or Supreme Court for relief-Constitution of Pakistan (1973), Arts. 199 & 185(3).-[Locus standi].