HYDERABAD: A single-judge bench of Sindh High Court on Thursday allowed the appeal of the Sindh Regimental Centre (SRC), Military Estate Officer (MEO) Hyderabad and defence secretary whereby the appellants had claimed that the SRC land belongs to the military and not civilian villagers.

Justice Rashida Asad had heard the appeal on Oct 5 and announced her judgement on Dec 3 in open court.

The villagers had claimed the ownership of the SRC land in deh Narejo, taluka Latifabad, Hyderabad. They had filed a civil suit but it was dismissed. Subsequently, they filed an appeal in the sessions court which was allowed. Later, the appellants filed an appeal in the Sindh High Court, Hyderabad circuit bench, in 2011.

In the instant hearing, the appellants were represented by Deputy Attorney General Mohammad Humayoon Khan whereas the villagers were represented by Advocate Zaheeruddin S. Leghari.

The DAG argued the case before SHC bench on the grounds that the judgement of the district court against appellants was in violation of mandatory provisions of the Civil Procedure Code because the judge did not record findings on the issues and no cogent reason was given to defer the judgement of the senior civil judge. He said that the order of the district judge was based on un-pleaded case, assumptions, surmises and conjectures which were not permissible in law.

Villagers’ counsel Zaheeruddin S. Leghari contended that the judgement of district judge in favour of villagers was in accordance with the relevant provisions of the Civil Procedure Code as the judge had framed points for determination and then recorded his findings. He also stated that the judge rightly set aside the judgement of the senior civil judge which was not required to be interfered with in second appeal.

He said that ownership of respondents (villagers) had been proved through documentary evidence, which was record of rights and presumed to be true unless rebutted by appellants. The villagers had claimed that they owned and possessed agricultural land as described in the plaint and this khata pertained to the period from 1907-08 to 1912-13.

They stated that subject land had been in occupation of their predecessor (Wadero Lal Bux Kalhoro).

The appellants contested the respondents’ claim arguing that the land was owned by government and under the management of the defence ministry as was evident from the General Land Register (GLR) maintained by the MEO.

The appellants stated that a portion of the land used to be given on a four-year lease to different persons by the MEO while it remained in possession of the SRC and in active use of army. The appellants further stated that the respondent [Wadero Lal Bux Kalhoro] had managed to insert his name in the form-III in collusion with revenue department.

The judge noted that in view of above discussion, it had become clear that with effect from April 1, 1937, subject land was declared government land.

“Now for the sake of arguments, though it has not been proved by respondent that if the subject land was the property of respondent’s predecessor, then it was the right of the predecessor to either claim the subject land from government or at least seek compensation for acquisition of subject land but nothing was claimed at the relevant time,” the judge observed.

The judgement said that as per the GLR, the subject land was a defence land having classification ‘B-4’ owned by federal government. It also said that accordingly, Sindh Board of Revenue had no authority to keep record of rights of the properties in the cantonment area after 1915. It said that it is well settled principle of law as laid down in various judgements of the apex court and high courts that mere entry without titled documents in record of rights is nullity in law.

“The upshot of above discussion is that the above appeal is allowed and judgement and decree of learned district judge is set aside and judgement and decree of senior civil judge is restored. Instant suit of respondents [villagers] is dismissed,” the judgement said.

Published in Dawn, December 6th, 2020