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SAEEDUZZAMAN SIDDIQUI, J.---The above case has been placed before the Full Bench on a reference by the Division Bench (consisting of Saeeduzzaman Siddiqui and Imam Ali G. Kazi, JJ.), which initially heard it and after noticing divergence of views in the two reported cases of Hafeez Begum v. Assistant Administration, Evacuee Trust Property PLD 1983 Kar. 374 and Tahir Ali v. Federation of Pakistan PLD 1987 Kar. 290, on the interpretation of section 10 of the Evacuee Trust Property ( Management and Disposal) Act, 1975 (hereinafter to be referred as the "Act" only) requested the Honourable Chief Justice for constitution of a larger Bench,. to resolve the conflict of opinion. The relevant facts are as follows:

1.  One Mahboob Khan, the predecessor-in-interest of the petitioners was in occupation of a portion (G-3) of property bearing No. O.T. 3/121, situated in Old Town, Karachi. The said Mehboob Khan, purchased property No. O.T. 3/121 in an open public auction held by the Settlement Authorities on 10-4-1964 for a sum of Rs. 64,000. The auction price of the property was paid by the said Mehboob Khan through the compensation book of a claimant displaced person with whom he had entered into an agreement of association. A provisional transfer order No. 17722 dated 30th April, 1964, was issued in favour of said Mehboob Khan, after payment of transfer price. The said Mehboob Khan died on 15-8-1978 and it is an admitted position in the case that no permanent transfer deed in respect of the property has been issued either in favour of said Mehboob Khan or the petitioners. After the death of said Mehboob Khan the petitioners who are legal representatives of Mehboob Khan were called upon by respondent No. 4 to pay the rent of the portion of the building in their occupation on the ground that the property was an evacuee trust property. It is admitted in para. 8 of the petition that in consequence of the above demand the petitioners paid arrears of rent amounting to Rs.20,000 in January, 1979. In 1981 respondent No. 4 filed an application under sections 8 and 10 of the Act before respondent No. 3 for declaration that the disputed property was an evacuee trust property and its transfer to Mehboob Khan was void. This application was contested by the petitioners but respondent No. 3 by his order dated 16-9-1982 declared the transfer of above property to late Mehboob Khan as void. The petitioners filed a revision petition against the order of respondent No. 3 before respondent No. 2 but the same was also dismissed on 20th June, 1983.