Law:

Section:

Pakistan Administration of Evacuee Property Act (XII of 1957)----- -----Ss.18-B & 43(6)-----Allotment of land-----Contention of petitioners was that land in question was allotted in favour of respondent who was also included in the family of his father-----Validity-----Proprietary Rights Transfer Orders had been issued after due process-----Petitioners could challenge vires of impugned allotments and Proprietary Rights Transfer Orders (PRTO) by filing an application before the Custodian of Evacuee Property-----Petitioners could file review petition before the Custodian to challenge the same-----Petitioners had filed present multiple application to frustrate the s of superior courts with un-clean hands which was not maintainable-----Multiple Application was dismissed in circum-stances. Tariq Mehmood and 3 others v. Khalid Sharif and 9 others 2007 SCR 281 distinguished. THIS JUDGMENT DELIVERED BY: M. TABBASUM AFTAB ALVI, JUSTICE:-------------- The supra titled petition has been addressed under the Azad Jammu and Kashmir Evacuee Property (Multiple Allotments) Act, 1961, whereby Proprietary Rights Transfer Orders/ allotment permits issued in favour of private respondents Nos.1 and 2 have been challenged as unlawful and without lawful authority. 2. The precise facts forming background of the instant petition are that predecessor-in-interest of petitioners, who died during proceedings, hence, petitioners were impleaded party as legal representatives, challenged Proprietary Rights Transfer Order (PRTO) dated 27.06.1989, issued in favour of private respondent No.1 viz Tariq Masood, pertaining to land comprising survey Nos. 137 measuring 08 marlas plus 138 measuring 02 Kanals and 13 marlas, total measuring 03 Kanals and 01 marla, situated in village Naluchi, District Muzaffarabad. The predecessor of petitioners further challenged another Proprietary Rights Transfer Order dated 29.09.1992, issued in favour of respondent No.1, by Custodian of Evacuee Property regarding land bearing survey No.50 measuring 29 Kanals and 13 Marlas, situated in village Changpur, Tehsil and District Kotli. The predecessor- in-interest of petitioners also challenged Proprietary Rights…

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