Law: Constitution of Pakistan 1973

Section: 199

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, recorded owners/landlords of agricultural land, filed a suit before the revenue authorities seeking recovery of produce and ejectment of the respondents, who were recorded as tenants. The trial court rejected the plaint, and the appellate authority upheld that decision. However, the Additional Commissioner accepted the petitioners' revision and remanded the case for decision on merits.

The respondents challenged the remand before the Member, Board of Revenue, who restored the dismissal of the suit on the ground that the respondents had already filed a civil suit for declaration and specific performance based on an unregistered agreement to sell dated 13.05.1981.

The High Court allowed the constitutional petition. It held that the Jamabandi (2007–2008) clearly recorded the petitioners as owners and the respondents' predecessor as tenant, thereby establishing the landlord–tenant relationship. An unregistered agreement to sell does not create any title or proprietary interest under Section 54 of the Transfer of Property Act and Section 17 of the Registration Act.