Law:

Section:

(a) Constitution of Pakistan (1973)-----Art. 185(3)--Leave to appeal--Concurrent findings of fact by Courts below--Cannot be raised before Supreme Court. (b) Constitution of Pakistan (1973)-- ---Art. 185(3)--Petition for leave to appeal--Point of contention abandoned before High Court--Held, cannot be allowed to be argued at leave stage. (c) Transfer of Property Act (IV of 1882)-- ---S.41--Bona fide purchaser for value--Section 41 invokable only where a person poses to be an ostensible owner but title of real owner is not in dispute. Kh. Muhammad Farooq, Advocate Supreme Court instructed by Ch. Akhtar All, Advocate-on-Record for Petitioner. Nemo for Respondent Date of hearing: 28-1-1984. ORDER MUHAMMAD HALEEM, ACTG. C.J.-- One Nawab Allah Rakha and others claiming to be the temporary allottees of agricultural land bearing Khasra Nos. 936, 983, 984, 985 and 989 situate in village Thathi, district Jhelum, sold it to Maula Dad, who in his turn sold it to the petitioner. However, it turned out later that these Khasra numbers were not entered in his R.L-II, and it was stated at the bar that the relevant R.L-II which contained these Khasra numbers as belonging to him, was tampered with, but suprisingly enough the petitioner did not produce a certified copy of the tampered R.L-II register bearing the entries of these Khasra numbers. He, however, filed a suit to establish his ownership but failed as it was dismissed on the 25th of January 1983. Reliance was placed before the trial Court on the Perchi Taqseem Khatooni showing the Khasra numbers to have been temporarily allotted to Nawab Allah Rakha and others, but no evidence appears to have been led to show that these Khasra numbers were confirmed in his name or entered in R.L-II register. The trial Court accepted the testimony of Shaikh Shaukat Ali, Office Qanungo, Tehsil Office, Jhelum who tacitly gave out that…

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