MUHAMMAD SHAFIQUE KHAN vs MADRISA TALEEM-UL-QURAN KHAIRUL MADARIS, MULTAN — 2026 PLD 283 SUPREME-COURT

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MUHAMMAD SHAFIQUE KHAN VS MADRISA TALEEM-UL-QURAN KHAIRUL MADARIS, MULTAN. Arts. 172 & 185(3)---Private dispute viz. ownership of suit property---High Court declaring the property as 'escheat' and directing Government to take over possession, challenge to---Legality---Jurisdictional overreach by High Court---Brief facts were that the plaintiffs filed a suit claiming ownership of the house through inheritance, while the defendants relied on an alleged waqf deed; the suit was dismissed by the Trial Court and the dismissal was maintained in appeal and revision on the ground that neither side proved title, but in the revisional proceedings the High Court additionally treated the property as escheat and directed the Government to take possession although the dispute was only between private parties and the Government was not before the Court---Question requiring determination was as to "whether the High Court, while adjudicating a dispute between private parties, could declare the suit property as escheat and direct the Government to take possession in the absence of any pleadings, issue, evidence, or the Government being a party to the proceedings?"---Held: Government was not a party to the lis---No pleadings were raised, no issues framed, and no evidence was led on the question of escheat---Entire lis remained confined to a contest of title between two private parties---Escheat was never set up as a case by any party---High Court travelled beyond the pleadings and effectively introduced a third and entirely alien case, which was impermissible---Dismissal of suit on the ground that neither party succeeded in proving the title or claim was to remain intact---Present petitions were converted into appeal and were partially allowed, in circumstances.

MUHAMMAD SHAFIQUE KHAN vs MADRISA TALEEM-UL-QURAN KHAIRUL MADARIS, MULTAN — 2026 PLD 283 SUPREME-COURT

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