Law: Registration Act, 1908

Section: 17

Law: Transfer of Property Act, 1882

Section: 54

Law: Qanun-e-Shahadat Order, 1984

Section: 115

 SUMMARY The petitioners challenged a Board of Revenue order that had set aside the appellate decision of the Additional Commissioner and effectively disturbed remand proceedings in a revenue dispute involving recovery of produce and ejectment. The core dispute concerned whether respondents, claiming rights under an unregistered agreement to sell (1981), could resist ejectment proceedings despite being recorded as tenants (Ghair Dakhilkar) in the revenue record. The High Court held that the revenue record clearly established a landlord–tenant relationship in favour of the petitioners, and that an unregistered agreement does not create any title or ownership rights under law. It further held that a tenant is estopped from denying the landlord’s title and cannot resist ejectment on the basis of an incomplete or unregistered transaction. The Board of Revenue’s judgment was set aside, and the order restoring the trial court proceedings was upheld. TAGLINE “Unregistered agreements cannot defeat a recorded landlord–tenant relationship; tenancy estoppel prevails in revenue jurisdiction.” ORDER; SYED ARSHAD ALI, J.- By way of the instant petition filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioners have assailed the judgment/order dated 18.10.2024 passed by the learned Member, Judicial-I, Board of Revenue, Peshawar, and have prayed for setting aside the impugned judgment/order dated 18.10.2024 and for upholding the order dated 13.11.2023 passed by the learned Additional Commissioner, Peshawar. The brief facts of the case are that the petitioners instituted a suit before the learned Assistant Commissioner (Saddar), Peshawar, seeking recovery of their share of produce from Rabi 2017 to Kharif 2020 and onwards until the final decision of the suit, along with the ejectment of the respondents from the landed property situated in Telaband Maira, Mauza Sorizai, Tehsil and District Peshawar. After completing the requisite proceedings, the learned trial court, vide order dated 13.03.2023, rejected the plaint. Aggrieved…