Law:

Section:

(a) Settlement Scheme No. VI- - Pares.9-Vacant building sites, auction of-Property in dispute a dilapidated house transferred to respondent in open auction and not a plot -Petitioner securing order for reservation of such plot in her name by misrepresenting property to be a plot ­Property put to auction and duly confirmed in respondent's favour years ago but petitioner at no stage moving for deletion of property from auction list-Petitioner, held, did not come with clean hands and equities not in her favour. (b) Appeal (civil)­- -- Maintainability of-Contention as to appeal being barred by them and as such non-maintainable never raised either before Tribunal or High Court-Plea raising mixed questions of law and fact, held, cannot be allowed to be raised for first time in leave to appeal proceedings-Remand order passed years ago but its validity never challenged and petitioner herself participating in proceedings taken in pursuance to remand order-Petitioner, held, estopped by her conduct to raise plea belatedly for first time Evidence Act (I of 1872), S. 115. Ahsan Ali and others v. District Judge and others P L D 1969 S C 169 rel. JUDGMENT MUHAMMAD AKRAM, J.-This is a petition under Article 185 (3) of the Constitution of the Islamic Republic of Pakistan for special leave to appeal from 'the judgment of a learned Single Judge of the Labors High Court at Lahore, dismissing a writ petition filed by the petitioner ., against respondent No. 1. It appears that on the 23rd February. 1961, the respondents applied for the transfer of a plot measuring 5 marlas 6 sarsais bearing Khasra No. 8706/5204, situated in Amarpara, Rawalpindi. After the necessary completion of toe papers, the Deputy Settlement Commissioner, Rawalpindi City, on the 26th September, 1964, reserved the plot in the carne of the petitioner on average auction price plus 50%, and accordingly ordered the appendix to issue in her name. But in the meantime on the 4th November 1961, demolished house bearing No, M/541, Amarpura, Rawalpindi had been put to auction in favour of respondent No. 1 as the highest bidder and the auction was in due course confirmed in his favour by the Additi3nal Settlement…

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