The Revenue Authorities have Exclusive Jurisdiction over Land Redemption Disputes under The West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964 --- Islamabad High Court, Islamabad

Islamabad 07-02-2025: In a significant ruling reinforcing the jurisdiction of revenue authorities over land redemption matters, the Islamabad High Court (IHC) dismissed a Writ Petition challenging an order by the Chief Commissioner regarding the redemption of mortgaged land in Lohi Bheer, Islamabad.

The case, Talib Hussain & Others Vs. Faiz Alam & Others (W.P. No. 3296 of 2017), centered on a land dispute involving a mortgage arrangement dating back to 1953. The predecessor of the Respondents, Jalal Khan, had mortgaged land to the Petitioners’ predecessor, for Rs. 600. While part of the land was redeemed in 1963, a dispute arose over the remaining portion (1 Kanal 6 Marla in Khasra No. 103), which remained in the Petitioners’ possession.

The Respondents sought redemption of the land, but the District Collector initially dismissed their application due to procedural errors under The West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964. Following corrections to the revenue records through Sehat Inteqal (correction of entries), the land was successfully redeemed. However, the Petitioners challenged this in the Commissioner’s office, which ruled in their favor, stating that the matter should be adjudicated in a Civil Court. The Respondents then appealed to the Chief Commissioner, who overturned the Commissioner’s decision, prompting the petitioners to file a writ petition in the Islamabad High Court (IHC).

Mr. Justice Muhammad Azam Khan of the Islamabad High Court (IHC) dismissed the Writ Petition, ruling that the Chief Commissioner, exercising powers of the Board of Revenue, had correctly adjudicated the matter.

The Court emphasized that under Section 17 of The West Pakistan Redemption and Restitution of Mortgaged Lands Act, 1964, Civil Courts are barred from hearing cases related to the redemption of mortgaged lands. The judgment stated:

The Court further noted that the revenue authorities had followed proper procedures, including the correction of revenue records, before allowing the redemption. Allegations of fraudulent transfer of land through mutation were deemed irrelevant to the jurisdictional question, as such matters still fall within the purview of revenue authorities under the 1964 Act.

The Court relied on precedents from other High Courts to support its ruling:

1. Liaqat Ali and Others Vs. Hukam Khan (2011 CLC 1034): The Peshawar High Court held that Civil Courts have no jurisdiction in mortgage redemption matters under Section 17 of the Act.
2. Allad Dad Vs. Muhammad (deceased) through L.Rs and Others (2017 YLR 1662): The Lahore High Court affirmed that applications for land redemption must be filed with the District Collector and that Civil Courts cannot entertain such cases.

The Islamabad High Court (IHC) dismissed the petition, upholding the decision of the Chief Commissioner and affirming the Respondents’ right to redeem the mortgaged land. This decision marks a clear boundary for the jurisdiction of revenue authorities versus Civil Courts in land-related disputes.

Powered by Froala Editor