Crown Land

  1. The Courts should avoid to grant a declaration in respect of possession of crown land and Shamlat Deh without first determining the title of owner to transfer and the exclusive possession. Khalid Hussain & 3 others v. Haji Muhammad Rafique and another 2008 SCR 207 (F)
  2. The Courts should avoid to grant a declaration in respect of possession of crown land and Shamlat Deh without first determining the title of owner to transfer and the exclusive possession. Khalid Hussain & 3 others v. Haji Muhammad Rafique and another 2008 SCR 207  (F)
  3. Jurisdiction of civil Court — Held: The civil Court has no jurisdiction to pass judgments or decrees in respect of crown land and the jurisdiction of civil Court stands excluded by law — Held further: Where right in respect of ownership are claimed in crown land, the civil Court has no jurisdiction to entertain a civil suit by holding that the right of the plaintiff is of civil nature, therefore, triable by a civil Court. Held further: Permanent injunction cannot be issued against official functionaries of Revenue Department where the suit property is crown land. Abdul Rasheed & 4 others v.  Muhammad Younas and another 2010 SCR 102 (A) PLJ 2005 SC (AJK) 26 ref.
  4. Jurisdiction of civil Courts ousted — Crown land was not included in the suit land which was bone of contention between the parties and was only introduced in the compromise decree. Admittedly the civil Court whether the trial Court or High Court has no jurisdiction to entertain a suit claiming any rights in the crown land. Held: If a decree cannot be passed by the civil Court in respect of crown land and award its ownership to a private individual, it cannot be given to a party by a “compromise decree” — Further held: The first requirement for filing a civil suit in a civil Court is that it should be possessed of powers to grant a decree in respect of a suit land or suit property. Similarly the compromise must be a lawful compromise — It, therefore, follows that if the trial Court has no jurisdiction to entertain a suit in respect of crown land, High Court as well lacks jurisdiction. Muhammad Shafi v. Bashir Ahmed & 6 others 2010 SCR 280 (A)
  5. —Jurisdiction of civil Court—barred. See Javaid Iqbal & others v. Lassa Butt & others 2022 SCR 566 (A & B)
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