ABDULLAH vs WARYAM — 2026 SCMR 1042 SUPREME-COURT

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ABDULLAH VS WARYAM. S.172---Civil Procedure Code (V of 1908), S.9---Specific Relief Act (I of 1877), Ss.42 & 54---Title dispute viz immoveable property---Disputed mutation entered on the basis of fraud, challenge to---Revenue hierarchy already deciding the matter---Effect---Jurisdiction of Civil Court---Scope---Appellants filed a suit for declaration and permanent injunction claiming ownership of the property through a registered sale deed alleging that the respondents in collusion with revenue authorities fraudulently transferred the property in their names through mutation---The Trial Court dismissed the suit on the ground that the matter had already been decided by the revenue hierarchy---The appellate Court reversed this finding, but the High Court restored the Trial Court''s dismissal by holding the suit barred under Section 172 of the West Pakistan Land Revenue Act, 1967---The Supreme Court was seized with the question “whether civil court jurisdiction was barred and whether issues of fraud and title could be adjudicated by revenue authorities”---Held: Revenue hierarchy being a quasi-judicial forum had limited jurisdiction of rectification, specifically, regarding record of rights, periodic record or correction of entries in the register of mutations---Their decisions were administrative and tentative in nature, which neither determined the title of the parties nor resolved the factum of fraud---However, when an aggrieved person challenged the title or validity of the record or mutation, on the plea of fraud or misrepresentation, such controversy required evidence to prove, which was not within the domain of revenue authorities---For such purpose, the civil court had the ultimate jurisdiction by virtue of Section 9 of C.P.C.---Section 172 of the Act of 1968 did not debar the civil court from adjudicating on fundamental question of ownership and legality of record or mutation assailed particularly on the ground of fraud---The decision of the Civil Court regarding determination of question of title and factum of fraud in the record of rights was therefore, binding upon the revenue hierarchy---The jurisdiction of civil courts was barred only in respect of the matter specifically provided for in Section 172 of the Act of 1967---The subject matter of the suit and the cause of action disclosed in the plaint did not fall within the ambit of Section 172 of the Act of 1967, therefore, the suit was not barred by the said law---Impugned order of the High Court was set aside---Appeal was allowed, in circumstances.

ABDULLAH vs WARYAM — 2026 SCMR 1042 SUPREME-COURT

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