During pre-British times huge tracts of lands would be lying in the sovereignty of some local feudal lords. With their express or implied permission, a person could bring a portion of the waste land under his cultivation by digging up a well.
The original cultivator of the waste land and his associates would constitute the original land owners and the land actually being cultivated by them would become their property. Near this cultivated land they would set up their dwelling in a village that was collectively owned by them.
Around the cultivated land owned by the original founding families of a village, there could be huge tracts of waste land called “Shamlat” land, collectively owned by the village owners over which they would have a right either to reclaim the land themselves or allow others also to do so.
The original owners were called “AaIa Maliks” and others who had reclaimed the land with their consent were called “Adna Maliks”. The Aala Maliks had the right to bring further Shamlat waste land under cultivation by digging wells or adopting some other means.
In certain cases even Adna Maliks would have the right to expand the area of their ownership by reclaiming Shamlat land. However, an Adna Malik could not allow strangers to bring the Shamlat land under cultivation.
Persons who had reclaimed land as Adna Maliks, as well as those who had been transferred rights only to a piece of land (without the right to Shamlat lands) were called “Malik Qabza”. There could also be another class, mainly herdsmen, enjoying grazing rights over the Shamlat waste lands and paying a fee for it (“Tirni”).
After the British takeover, formal settlement regarding payment of land revenue was made by the British powers with the land owners. Initially summary settlements were made and then periodical permanent settlements commenced around middle of the nineteen century.
Shamlat land would include the waste land held in common by the Khewatdars (whether or not brought under cultivation by them) as well as the land allocated for residential Purposes of the Khewatdars (Abadi Deh). The Abadi Deh would comprise areas where houses had been actually constructed as well as areas reserved to meet certain other needs of the Abadi such as places of Worship, graveyards areas reserved for village expansion or communal activities, etc. (Gora Deh).
Shamlats land could pass into private property with its purchaser becoming Malik Qabza. There could also be possibility of a Non-Khewatdar being in Possession of Shamlat land. If any person is shown only to be in possession of Shamlat land (but not as a Malik Qabza), he would not be holding exclusive rights of possessory ownership in the land, but could have been holding possession as an occupancy tenant, or in some other capacity.
Shamlat in possession of the Khewatdar, (or a transferee from him) including land in Village Deh should be accepted only to the extent of his share in Shamlat and not as regards land that is occupied in excess of the Shamlat Share.
Where a person is entered as Malik Qabza, the property of such person can also be accepted as security, as would be the case when he is mentioned as a Khewatdar.
No property held as Dakheelkar should be accepted as security. They should obtain proprietary rights.
land continues to be classified as Shamlat Abadi Deh although the Abadi Deh might have got converted into a town. In cases where Abadi Deh has become urban land, subject to property tax assessment, if a person holds a house where only he is shown as an owner in the PT-I form (and the record being maintained by the Property Tax Department) there could be a presumption that he holds an absolute transferable interest. However, in such cases, the title of the occupant must be traced back, and if it is sourced in a series of previous sellers, or based on a long period of occupation, such person could be treated as an owner.
Nevertheless, it again needs to be emphasized that the facts and circumstances of each case have to be carefully considered. The fundamental point being asserted here is that it could be possible that an original non-proprietary interest in Abadi Deh might have matured into a proprietary interest, although such interest is not sourced in a proprietary grant from the original Khewatdar.
Shamilat is the concept available in Punjab, Federal Capital and part of KPK whereas in Sindh and part of Baluchistan the term used for simmiliar type of use is “ASAISH” آسائیش
Section 2 (1) (c) of The Sind Goth Abad (Housing Scheme) Act 1987 states, “Asaish” means the land adjacent to a village and reserved for grazing and other common use of the village community;
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