Law: Constitution of Pakistan, 1973

Section: 199

Constitution of Pakistan (1973)--- ----Art. 199---Constitutional jurisdiction, exercise of---Factual controversies could not be resolved/settled in Constitutional jurisdiction of High Court. Qazi Zakiuddin for petitioners ORDER SARDAR JAWAID NAWAZ KHAN GANDAPUR, J.---The brief facts of the case in hand, as alleged in the writ petition, are that Pajero Jeep, Model 1992 (PRO-3519) originally belonged to petitioner No.l vide: deed, dated 24-4-1996 he agreed to sell the same to petitioner No.2 for a sum of Rs.14,40,000. Rs.6,40,000 were paid by petitioner No.2 to petitioner No.1 whereas upon the payment of the balance amount of Rs.8,00,000 petitioner No. l was required to transfer the ownership of the vehicle in question to petitioner No.2. It was for this reason that no transfer letter was given to petitioner No.2 by petitioner No. 1. It is further alleged in the writ petition that, some times later, petitioner No.2, a car dealer, sold the vehicle to respondents Nos.4 and 5 for a sum of Rs.14,55,000. Out of this amount Rs.5,00,000 were paid by respondents Nos.4 and 5 to petitioner No.2 and it was agreed that the balance amount of Rs.9,55,000 would be paid by them to petitioner No.2 on 18-6-1996 and thereafter, petitioner No. 2 would transfer the vehicle in their names. Respondents Nos.4 and 5, however, did not pay the balance amount to petitioner No.2. Instead respondent No.5 sold the vehicle further to respondent No.6 on the basis of a fake and bogus transfer letter and applied to respondent No. l (Abdul Hamid Marwat, E.T.O. Peshawar) to transfer the vehicle in the name of respondent No.6, namely, Noor Muhammad son of Haji Mulla of Tehkal Payan, Peshawar. Petitioners, when came to know about this fact, approached the E.T.O. (respondent No. 1) vide: their application, dated 19-12-1996 with the request to restrain himself from transferring the vehicle in the name of respondent No.6. However, 'the said respondent did not bother to listen to their request and transferred the vehicle, by his   order, dated 9-8-1997 on the basis of a fake and bogus "transfer letter' prepared by respondent No. l (E. T. O.) in collusion with respondents Nos. 4 to 6. The…