Law:

Section:

WALI MUHAMMAD KHAN, J.---Abdul Rahim petitioner, through the instant petition, has called in question the judgment of the Peshawar High Court, dated 19-6-1990, whereby his Constitutional petition challenging the orders of the hierarchy of special forums under the PATA Regulation, was dismissed.

The facts of the case are that the petitioner and Sirajud Din respondent No.l are sons of Zulfiqar Malik who was undeniably the owner of the suit property. It is alleged by the petitioner that he transferred part of his ownership vide deed, dated 18-6-1957 in favour of the petitioner and that through a subsequent deed dated 23-10-1970 he divided the remaining property amongst the petitioner, Siraj Din respondent No.l, his daughters and retained some to himself. Sirajud Din respondent No.l applied to the Additional Deputy Commissioner on 10-5-1975 for the partition of the property between him and his brother Abdur Rahim petitioner. It is worthwhile to mention here that at the time of submission of this application their father was alive and he died on 20-7-1975. The application was sent to the Tehsildar who, vide his order, dated 11-6-1975, directed the parties to get their disputes decided through Shariat. This was appealed against before 'the Assistant Commissioner who, vide his order, dated 19-11-1976 dismissed the appeal of the petitioner holding the father of the parties during his lifetime could divide the property in the manner he, liked but after his death his inheritance is to be divided among his Shari heirs according to Shariat including the female heirs. The petitioner dissatisfied with the same filed a second appeal before the Additional Deputy Commissioner, Swat who concurred with the finding of the first appellate Court and dismissed the appeal vide order, dated 23-7=1977, giving his detailed reasons that the alleged documents executed by Zulfiqar Malik were revoked by him later on vide his application dated 11-8-1978 (inadvertently written as 1975) to the Extra Assistant Commissioner, Swat and that the alleged gift through the said deeds was not accompanied by delivery of possession and that the executant thereof retained his dominion over the property till his death. A further appeal was filed before the Additional Commissioner who, vide his order, dated 11-7-1978, on acceptance -of the appeal, set aside 4,he order impugned before him and remanded the case with the direction that the parties be asked to prove their claim by producing evidence. This time both the parties preferred revision petition before the Additional Secretary, Home who, vide his consolidated judgment, dated 9-9-1982, accepted revision petition filed by Sirajud Din respondent No.l and by setting aside the order of the Additional Commissioner ordered that the division of the property among the heirs of Zulfiqar