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

Case Summary Tagline An unregistered agreement to sell creates no title in immovable property, and a tenant cannot resist ejectment or deny the landlord's title on its basis while remaining in possession. Facts Petitioners (landlords) filed a revenue suit seeking: Recovery of agricultural produce (Rabi 2017 to Kharif 2020 onwards). Ejectment of respondents (tenants). The Assistant Commissioner rejected the plaint. Appeal before the Additional Deputy Commissioner was dismissed. Revision before the Additional Commissioner succeeded, and the case was remanded for decision on merits. The Board of Revenue set aside the remand order, holding that the matter involved a title dispute due to an agreement to sell dated 13.05.1981. Petitioners challenged the Board of Revenue's order before the High Court. Issues Whether an unregistered agreement to sell creates title in immovable property? Whether a tenant can deny the landlord's title on the basis of such agreement? Whether pendency of a civil suit for declaration/specific performance bars ejectment proceedings before the revenue authorities? Held Petition Allowed. The order of the Member, Board of Revenue was set aside. The remand order of the Additional Commissioner was restored. The trial court was directed to decide the ejectment case on merits. Court's Reasoning The Jamabandi (2007–2008) clearly recorded: Petitioners as owners/landlords. Respondents' predecessor as tenant (Ghair Dakhilkari). An unregistered agreement to sell does not create ownership or any proprietary interest. Respondents entered the property as tenants and were estopped from denying the landlord's title. Filing a civil suit for declaration or specific performance after initiation of ejectment proceedings did not defeat the jurisdiction of the revenue authorities. Since the civil court had already refused interim relief to the respondents, there was no legal basis to suspend ejectment proceedings. The Board of Revenue committed an error by treating the unregistered agreement as creating a genuine title dispute. Principle of Law An agreement to sell does not transfer ownership of immovable property. Unregistered sale…