Law:

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(a) Constitution of Pakistan (1973)--- Art. 185(3) read with Civil Procedure Code (V of 1908), Ss. 96 100-Leave to appeal - Granted to examine contention that first appellate Court and High Court had not appreciated true aspect of finding of trial Court that suit was collusive and based on fraud. (b) Kabul River Project (Control and Prevention of Speculation in Land) Act, 1948 -- S. 4-Alientation-Section 4 does not in any case place an absolute bar on right of alienation of a holder of any part of project land Conditional, bar intended to operate for a period .of 15 years from commencing date of Act-Held, Provincial Government could allow alienation of any such land even during said period. Abdul Karim v. Fazal Muhammad Shah P L D 1967 S C 411 ref. Dit Ram v. Hans Raj A I R 1934 Lah. 101; Nasim Khan v. Said Shah 1968 S C M R 971; Manghta Khan v. Mst. Hamida Begum P L D 1981 S C 51 and Sadla v. Khuda Bakhsh P L D 1982 S C 53 distinguished. JUDGMENT ZAFFAR HUSSAIN MIRZA, J. This appeal by special leave is directed against the order dated 15th May, 1975, passed by a learned Single Judge of the Peshawar High Court, Peshawar, whereby the appellant's revision petition under section 115, of the Code of Civil Procedure was dismissed in limine. . 2. The material facts for the present purposes are that on 23-10-1967 appellant Haji Rustom Khan (since deceased and substituted by his legal heirs), the appellants herein, filed suit against Bahadur Khan and others the original owner of a plot of land measuring 21 kanals 2 marlas comprising Khasra No. 4481 in Mauza Suraitai Payan, Tehsil Peshawar, for declaration that he was the owner-in-possession of the suit land. A consent decree was passed in the suit in favour of Haji Rustom Khan on 25T10-1,967. 3. As a result of the above-said consent decree Khan Sher, Dilbar and Mir Zaman, sons of Ajab Khan, filed Suit No. 108/1 of 1968 for possession of the aforesaid land by pre-emption. Another Suit No. 29/1 of 1968 was filed by Dilbar son of Hamid also claiming right of pre-emption. Both these suits were consolidated and tried by the learned Civil Judge, Second Class, Peshawar. One of the issues that arose out of the pleadings of the…

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