Law:

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Constitution of Pakistan (1973)--Art. 185 (3)-Leave to appeal-Questions whether transfer of basement could be reopened where petitioners committed no misrepresentation or fraud in obtaining P. T. D. and whether Settlement Commissioner's order passed without impleading petitioners a nullity in law admitted to be considered and leave to appeal allowed. ORDER MUSHTAQ HUSSAIN, J.--This petition for special leave to appeal arises out of a dispute regarding property No. S-31-R-147. It was originally trans­ferred on 30-11-1959 to Aslam Mahmood and Mst. Nawab Begum. The case was remanded on appeal, and revision petitions against that order as well as writ petition in the High Court proved of no avail in having the order of remand set aside. 2. On remand the learned Deputy Settlement Commissioner demarcated various portions of the aforesaid property and gave them various letters of the alphabet. Masood Ali claimed portion 'E' and 'G'. The D. S. C. held him not entitled to any part of the property. The property was distributed among the other applicants. The appeal was also dismissed. 3. Two other contenders for parts of the property that is Aslam Mahmood and Mat. Nawab Begum presented Writ Petition No. 599/R/62 which was dismissed. 'The basement No. E was, therefore, ordered to be auctioned by the D. S. C. Masood Ali applied for its deletion from that list but the Settle­ment Commissioner did not stay the auction though he observed that the auction would not be confirmed till the Writ Petition was disposed of. 4. The auction was meanwhile held and Mst. Saeeda Bano etc, turned out to be the highest bidder for portion `E.' 5. Masood Ali filed a revision petition before the Settlement Commis­sioner without impleading Mst. Saeeda Bano, etc. as parties. A P. T. O. was issued to the petitioners on 15-7-1966 and a P. T. D. was issued to them on 9-11-1966. 6. Three years after this had happened, Masood Ali applied to the Additional…

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