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Constitution of Pakistan (1973)-----Arts. 185(3) & 199--Dispute over property--Paternal aunt of appellants instituting a claim to certain movable and immovable property in Court of Deputy Commissioner--- Deputy Commissioner, after hearing parties concerned and considering report of Mizan-e-Shariat to which matter had been referred for inquiry, holding that applicant was the owner of property detailed in her application--Appellants challenging order of Deputy Commissioner in appeal before Additional Commissioner--Applicant dying during pendency of appeal and having no other legal heirs except appellants--Additional Commissioner deciding appeal in favour of appellants--Respondent who had been throughout acting as Attorney (Wakil) of appellant in proceedings before one Court after the other, for the first time filing a revision petition in Court of Deputy Secretary, Government of N.-W.F.P. Home and Tribal Affairs Department claiming that disputed property of deceased appellant had been given to him by her under a gift will-deed which was accepted--Respondent seemed to have raised second dispute within the first dispute and his claim could be said to be the second dispute which might only be taken up, when first dispute had been decided, by way of instituting separate proceedings against appellants--Respondent, held, had no right to interfere in the first dispute and there was no justification on part of Deputy Secretary to pass an order which along with other orders was rightly challenged by appellants in their constitutional petition--Appeal allowed and of High Court set aside. JUDGMENT JAVID IQBAL, J.--This appeal is directed against the judgment dated 30th April, 1983 passed by a Division Bench of the Peshawar High Court Peshawar in Writ Petition No. 572 of 1.978. The background. is that paternal aunt of the present appellants namely Mst. Khiani (since dead) instituted a claim to certain immovable and movable property in the Court of the Deputy Commissioner, Chitral through two applications dated 25th November, 1974 and 31st January 1975. After hearing the parties concerned the Deputy Commissioner referred the matter to Mizan-e-Shariat which after an…

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