Law:

Section:

Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)----S. 10--Constitution of Pakistan (1973), Art. 185(3)--Available property--Leave to appeal granted to examine points of law involved in questions (i) whether disputed property was at all available property in 1974 which had not been answered at all by a determinative finding by any Authority including the High Court; (ii) departmental report showed that it was not an available property, if so its transfer would be void; (iii) departmental report further showed that the impugned transfer made in 1974 was on the basis of forgery and fallrication in record and such a state of affairs necessitated a probe and matter could not be left in that state of uncertainty; and (iv) the contest being not between the vendor and the vendee but between vendee and third party, tracing and limiting the locus stand to sale-deed was not prima facie in accordance with law. JUDGMENT SHAFIUR RAHMAN, J.--These petitions were ordered to be heard together as they arise out of a common judgment of the High Court though from separate Constitutional petitions. However, it has been reported that the petitioner in Civil Petition for leave to appeal No.429/84 is dead of which the learned counsel for the petitioner is not aware and undertakes to implead his successors-in-interest. The learned counsel for the Caveators has certain objections to it. Subject to such objections this petition should be completed for hearing and in the meantime the…

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