Law:

Section:

Transfer of Property Act (IV of 1882)- --- S. 52-LisIvndens, doctrine of-Land temporary allotted to R confirmed in favour of S without notice to R-R on getting knowledge of transfer to S filing revision and on its dismissal writ petitions during pendency of writ petition selling land to P-R's writ allowed, case remanded and ultimately land restored to R-Writ by P on ground of his not being bound by order of restoration of land to R for trot teeing impleaded as a party Held, P having purchased land during pendency of writ by R hit by doctrine of is pendens and bound by ultimate outcome of decision-P being ultimate beneficiary of an ab initio void order for want of notice to R did not stand on same footing as R who being temporary allottee of land had right t notice to R did not stand on the same footing as R who being temporary allottee of land had a right to show-cause notice before cancellation his allotment. JUDGMENT MUHAMMAD GUL, J .-This petition is from the judgment of the Lahore High Court dated 15.9-1975 dismissing Writ Petition No. 6:65-R of 1970 moved by the petitioner herein. The dispute concerns evacuee agricultural land measuring 18 kanals 13 martas bearing Khasra No. 48/3, in village Ram Kishanwala, now within the limits of Municipal Corporation of Lahore. In 1953 the land was given on temporary allotment to respondent No. 2, a displaced person, but who had rural claim Later in August 1960, without any notice to respondent 2, the land was proposed to respondent 3 and confirmed in his favour in April 1961. On 2-8-1966, respondent 3 sold the land to the petitioner herein and a mutation in favour of the latter was attested on 17-8-066. In the meantime respondent 2 the original temporary allottee on being apprised of the transfer of the land to respondent 3, filed a revision before the Settlement Commissioner challenging the transfer of the land in favour of respondent 3. The revision was dismissed, and was followed by Writ Petition No. 128-R of 1963 by respondent No. 2. 1 he writ petition was allowed and the case was remanded to the Settlement Authorities to consider the question of transfer of the land after notice to respondent 2. On remand the…

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