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 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, but the Additional Commissioner remanded the matter for decision on merits. The Board of Revenue later set aside the remand order on the ground that a civil suit for declaration and specific performance based on an unregistered agreement to sell was pending. The Peshawar High Court held that an unregistered agreement to sell does not create ownership or any interest in immovable property, and the respondents, being recorded tenants, were estopped from denying the petitioners' title during the subsistence of tenancy. The Court ruled that the pendency of a civil suit for declaration or specific performance does not defeat the jurisdiction of the revenue authorities or prevent ejectment proceedings. Accordingly, the High Court restored the remand order passed by the Additional Commissioner. Tagline A tenant cannot deny the landlord's title on the basis of an unregistered agreement to sell and must surrender possession before challenging ownership in a civil court.  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…