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Yar Muhammad and 4 others V. Muhammad Ali and 4 others,

MLD 2021 215 · Balochistan High Court

This case involved a land dispute in Quetta, Balochistan. The petitioners (plaintiffs) claimed ownership of certain settled agricultural land as well as a large tract of 2,500 to 3,000 acres of unsettled land, which they said belonged exclusively to their tribe. They filed a suit for declaration and permanent injunction against the respondents, alleging illegal interference with their property. The trial court initially ruled in the petitioners' favor, but the appellate court overturned that decision, prompting this revision petition before the Balochistan High Court.

The High Court upheld the appellate court's decision and dismissed the petition. It noted that the land in question was officially unsettled land registered in the name of the Government of Balochistan, and neither side had produced solid evidence proving personal ownership. Crucially, the petitioners had named only government officials, such as the Member Board of Revenue and the Tehsildar, as defendants, but had failed to include the Provincial Government through its Secretary, as legally required under Article 174 of the Constitution and Section 79 of the Civil Procedure Code when government land or interests are involved.

Relying on a Supreme Court precedent, the Court ruled that a suit concerning government-owned unsettled land is not legally valid unless the government itself is properly made a party. Since this procedural requirement was not met, the suit was rightly dismissed, reinforcing the principle that proper government representation is essential in disputes involving state land.

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