LHC rules registry alone does not establish property’s ownership

Lahore High Court has observed that registry of a piece of land is merely a fiscal record and does not, by itself, establish ownership of a property.  LHC Justice Sajid Mehmood Sethi issued the 11-page judgment while deciding a review petition filed by a citizen Abdul Waheed Khan, setting aside decisions by Khanewal local court…

Lahore High Court has observed that registry of a piece of land is merely a fiscal record and does not, by itself, establish ownership of a property. 

LHC Justice Sajid Mehmood Sethi issued the 11-page judgment while deciding a review petition filed by a citizen Abdul Waheed Khan, setting aside decisions by Khanewal local court concerning property and remanded the matter for a fresh hearing. 

The court clarified that a registered deed alone does not conclusively establish every aspect of a property claim, while documents that are at least 30 years old may benefit from certain legal presumptions. 

The judgment observed that the appellate court had referred to documents without providing substantive reasoning to support its conclusions. 

It further held that where the identity of a property remains unclear, a local commission may be appointed to help establish the relevant facts. 

The court also ruled that if a necessary party has not been included in a case, an opportunity to rectify the omission must be provided before dismissing the matter. 

Emphasizing the burden of proof, the High Court stated that a claimant must establish their own legal right to the property. The decision concerning one property will be reconsidered, while the rulings relating to the other four properties remain intact. 

The court has directed concerned parties to appear before the appellate court on October 26, 2026 and ordered the court to decide the case within three months. 

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