Qazi MUMTAZ HUSSAIN vs GOVERNMENT OF SINDH through Secretary Revenue S — 2025 SCMR 939 SUPREME-COURT

Case information

Citation: 2025 SCMR 939 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: Qazi MUMTAZ HUSSAIN vs GOVERNMENT OF SINDH through Secretary Revenue S
Subject matter: Civil
Provisions referred to: S. 6---L; Land Reforms Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Qazi MUMTAZ HUSSAIN VS GOVERNMENT OF SINDH through Secretary Revenue S. 6---Land holdings---Void transfers---Doctrine of election---Applicability---Appellants assailed order of resumption of land under Martial Law Regulation No. 115, by Land Commission which order was maintained by High Court in exercise of revisional jurisdiction---Validity---Appellants under the hierarchy of Land Reforms Act, 1977 invoked jurisdiction of Land Commissioner by filing their respective appeals which were taken to their logical end---By applying principle of doctrine of election, appellants could not be permitted to have another bite of the cherry by invoking original jurisdiction of Civil Court for a similar recourse---As per the doctrine of election a person aggrieved of an order/judgment may have a host of remedies to challenge the same but he has to elect one of those remedies and after choosing one he may not avail another remedy---Appellants themselves had chosen to be ousted from availing jurisdiction of Civil Court long back when they opted to invoke jurisdiction in pursuance of Land Reforms Act, 1977---Neither any mala fide could be attributed to actions taken by Land Commissioner nor could resumption of excess area in pursuance of Land Reforms Act, 1977, be termed as void or without jurisdiction---All that was done was within the frame of Land Reforms Act, 1977---Supreme Court declined to interfere with well-reasoned and comprehensive judgment encompassing all questions involved therein---High Court was well within its right to intervene while exercising jurisdiction under section 115 C.P.C., as there was jurisdictional defect---Appeal was dismissed.

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