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Supreme Court of Pakistan Revert Land to the Federal Government as both Parties failed to prove their Ownership

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Supreme Court of Pakistan Revert Land to the Federal Government as both Parties failed to prove their Ownership

Islamabad 14-03-2025: The Supreme Court of Pakistan, in a landmark judgment, set aside the Peshawar High Court’s ruling and restored the appellate Court’s decision, declaring a disputed piece of land as Nazul land (government property). The case revolved around a long-standing ownership battle concerning land allotted to a refugee from India in 1947. The Appellants claimed ownership through inheritance, while the respondents relied on a general power of attorney, later found to be fraudulent.

A three-member bench, comprising Mr. Justice Shahid Waheed, Mr. Justice Shahid Bilal Hassan, and Mr. Justice Aamer Farooq, ruled that neither party could prove legal ownership with credible evidence. The Court emphasized that burden of proof lies on the claimant, and mere pleadings without documentary evidence such as a verified pedigree table or death certificate are insufficient to establish ownership. The judgment reaffirmed that fraudulent property transactions are void ab initio, as the appellants failed to prove the authenticity of the power of attorney.

The Supreme Court of Pakistan also reinforced the limited scope of High Court’s revisional jurisdiction under Section 115 of the Code of Civil Procedure, 1908, ruling that concurrent factual findings by lower Courts cannot be overturned unless there is misreading or non-reading of evidence. The Court concluded that, since both parties failed to prove their claims, the land must revert to the Federal Government, directing the relevant authorities to proceed in accordance with Nazul land disposal rules.