Law: Constitution of Pakistan, 1973

Section: 185(3)

  FEDERAL CONSTITUTIONAL COURT OF PAKISTAN (Original/Appellate/Advisory Jurisdiction)     JUDGMENT AMIN-UD-DIN KHAN, CJ.- The appeals in hand emanate from petitions originally instituted before the Supreme Court of Pakistan under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973 (“the Constitution”), prior to the advent of the Constitution (Twenty-seventh Amendment) Act, 2025 (“the 27th Amendment”), seeking leave to appeal against the judgments dated 09.10.2008 & 28.01.2008 rendered by the Lahore High Court in Writ Petitions No.7799/1996 and 1751/2004. Through the impugned judgments, the learned High Court, while exercising its constitutional jurisdiction, dismissed the writ petitions preferred by the present appellants. Subsequent to the constitutional reconfiguration brought about through the promulgation of the 27th Amendment, and in view of the transitional framework envisaged therein, the instant matter, notice whereof had already been issued to the contesting respondents by the Supreme Court, stood transmitted to this Court and now falls for consideration and adjudication in accordance with law. The dispute concerns land measuring 535 Kanals and 4 Marlas situated in Village Haleem Khichi, Tehsil Mailsi, District Vehari ("the property in dispute"). The appellants claim that they have been cultivating the land as tenants since before Kharif 1971. Following the promulgation of the Land Reforms Regulation, 1972 (MLR No.115), the land was resumed by the Provincial Government pursuant to the declaration of Brigadier Attah Muhammad, rendering the appellants Government tenants. However, due to protracted proceedings before the revenue authorities, the land could not be finally allotted to them under paragraph 18 of the Regulation. The second limb of dispute is that Mst. Hashmat Habib ur Rehman, mother of respondents No. 3 to 5, was the recorded owner of 1,796 kanals and 11 marlas of land situated in Fatehpur Janubi Tehsil Ali Pur, District Muzaffargarh. Upon promulgation of MLR No. 115 of 1972, she and her husband each claimed ownership of the entire land. Her claim, along with that…