Law:

Section:

Specific Relief Act (I of 1877)---S. 8 Constitution of Pakistan (1973), Art. 185(3) Suit for possession on basis of Permanent Transfer Deed (P.T.D.) Defendant alleged such P.T.D. to have been obtained by plaintiff through fraud and misrepresentation; and suit land was not available for allotment for being attached to school Suit decreed by Trial Court, was dismissed by Appellate Court, but was decreed in revision by High Court Validity Courts below had admitted allotment of suit land through P.T.D. and had answered issue of fraud in negative Issuance of P.T.D. had not been questioned before any forum nor any step had been taken to get same cancelled No issue qua vesting of suit land in Settlement Department in view of M.L.R. 264 had been framed nor any evidence had been led to substantiate same Factual controversy regarding allotment of suit land had been determined by Trial Court and maintained by High Court by giving cogent reasons Settlement Department had demarcated suit land in presence of Incharge of hostel of school Impugned was not suffering from any illegality or legal infirmity Supreme Court dismissed petition and refused leave to appeal. ORDER TANVIR AHMAD KHAN, J. Leave to appeal is sought against the judgment, dated 23 10 2002 whereby a learned Single Judge of the Lahore High Court, Multan Bench, Multan, accepted Civil Revision No.621/D of 1987 filed by the respondents and restored the determination of the learned trial Court rendered on 3 3 1987 whereby the suit for possession filed by them was decreed. 2. The facts briefly narrated for the disposal of this petition are that the disputed property was secured by the predecessor in interest of the respondents Siraj Din in an open auction from the Settlement Department as far back as in the year 1973 and a P.T.D. for the same was issued. Said Siraj Din filed a suit for possession claiming tire disputed property on the basis of the aforesaid P.T.D. issued by the Settlement Department in his name on successful completion of auction proceedings held in the year 1973. The petitioners denied the claim of the respondent and took up a preliminary objection that the P.T.P. had been obtained through fraud and…

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