Law:

Section:

(a) Constitution of Pakistan (1973)--- --- Art. 187-Finding that a particular person is son of a particular person-A finding of fact-Finding of fact arrived at by Settlement authorities after considering available evidence and no misreading of such evidence, -shown--Held : Not open to petitioners to re-agitate question before Supreme Court in leave to appeal proceedings-Con­stitution of Pakistan (1973), Art. 185(3).-(Question of fact). (b) Transfer of Property Act (IV of 1982)---- -- S. 41-Transfer by ostensible owner-- Land purchased by peti­tioners from allottee against verified claim of his alleged father-­Vendor subsequently found to be not son of person alleged to be his father; hence his allotment cancelled-Contention that petitioner being bona fide purchasers for value entitled to protection, held, not correct-Vendor having no right, title or interest in demised property, purchasers not eatitled to protection. ORDER ANWARUL HAQ, J.- This petition for leave to appeal seeks to call in question an order made by a learned Single Judge of the Lahore High Court on the 28th of November 1973, whereby a Constitution Petition filed by the petitioners, in respect of agricultural land situate in village Kotli Bajwa, Tehsil Lodhran in the Multan District, was summarily dismissed. The land in dispute was purchased by the present petitioners, or their predecessor- in-interest, 'from one Allah Ditta. who had obtained the same by allotment against the verified claim of his alleged father Karim Bakhsh, It appears that two other claims had also been filed in respect of the holding of deceased Karim Bakhsh by Khkir Din and Manna in the districts of Sargodha and Jhang respectively. On these multiple allotments evicting to the knowledge of the Enforcement Directorate, tae matter was examined by a learned Settlement Commissioner, exercising delegated power; of the Chief Settlement Commissioner under sections 10 and 13 of the Displaced Persons (land Settlement.) Act. He came to the conclusion that the allotments obtained by Allah Ditta and Khair Din In Multan and Sargodha Districts be cancelled, whereas the allotment obtained in Jhang District by Manna etc. be allowed to stand.…

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