Law:

Section:

Appeal to Supreme Court-Question of fact-Cannot be raised for the first time before Supreme Court. Shaukat Ali Malik, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioners. Nemo for Respondent No. 1. S. Qadir Bakhsh, Advocate Supreme Court instructed by S. Innayat Hussain, Advocate-on-Record for Respondent No. 2. Date if hearing : 2nd October 1972. ORDER WAHEEDUDDIN AHMAD, J-- The dispute between the parties is in respect of Khasra No. 3261/1/1, measuring one kanal, situated in the urban area of Shahdara town. This land was allotted to Abdul Sattar deceased father of respondent No. 1, who was a claimant for urban agricultural land. The allotment remained in his name. In spite of this, by order dated the 16th March 1961, the above khasra number was included by the learned Additional Settlement Commissioner in the allotment of one Din Muhammad. Din Muhammad sold this land to Hassan Din petitioner No. 1 by means of a .registered sale deed dated the 26th June 1961. Hassan Din sold 1 /4th of the land to Muhammad Bashir petitioner and 3/4th to Muhammad Rafiq petitioner. Muhammad Bashir petitioner sold his 1/4th share to petitioner Siraj Din. The petitioners are the successor-ii: interest of Din Muhammad. Abdul Sattar, on coming to know that the land in dispute had been allotted to Din Muhammad, filed an appeal in the Court of Deputy Settlement Commissioner which was treated as a revision and was accepted by order dated the 1st April 1965, on the ground that Abdul Sattar being the temporary allottee of the land was entitled to have a transfer under the relevant law and that without cancelling his allotment, the land could not have been allotted to Din Muhammad. This order was challenged in Writ Petition No. 605/R of 1965, which was…

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