GOVERNMENT OF KHYBER PAKHTUNKHWA vs NOORANI GUL Ss — 2022 SCMR 1428 SUPREME-COURT

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GOVERNMENT OF KHYBER PAKHTUNKHWA VS NOORANI GUL Ss. 40(1) & 116---Constitution of Pakistan, Arts. 23 & 24---Unsettled land---Possession and control of occupier over unsettled land sufficient proof of ownership---After settlement proceedings land in question, which was unsettled, was recorded in the name of Provincial Government---Plaintiff/respondent filed suit to claim that land in question belonged to him---Trial Court and High Court decreed the respondent's suit---Held, that before the settlement proceedings, the government was neither the owner nor in possession of the disputed land---Respondent produced oral evidence to establish his ownership and possession over the land, and as the land had no revenue record before the settlement proceedings, therefore, there was no possibility of the plaintiff producing documentary proof---As there was no documentary proof whatsoever of the unsettled land, therefore, possession and control of the respondent over the land was sufficient proof of ownership---Respondent's claim over the land was superior than that of the government---Appeal was dismissed. Head NotesCase Description Citation Name: 2022 SCMR 1428 SUPREME-COURTBookmark this Case GOVERNMENT OF KHYBER PAKHTUNKHWA VS NOORANI GUL art. 172--- Ownerless property--- Transfer in the name of Government---"Escheat", right of--- Scope--- In case of claim of ownership of property, the government is equally responsible to show that the property has either been acquired through due process of law or it has become its owner, in respect of a property, which has no rightful owner as provided by article 172 of the Constitution---Under the said provision of the Constitution, the government has the right to take ownership of an unclaimed or ownerless property---Such right occurs when an individual dies or disappears with no will and no heirs and his property remains unclaimed for a considerably prolonged period of time; it refers to a right of "escheat"---Before acquiring such unclaimed or ownerless property through the right of escheat, the government is required to follow the procedure provided by law and to invite objections from general public, through widely circulated notice through all mediums of communication. Head NotesCase Description

GOVERNMENT OF KHYBER PAKHTUNKHWA vs NOORANI GUL Ss — 2022 SCMR 1428 SUPREME-COURT

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