Law:

Section:

(a) Transfer of Property Act (IV of 1882)-------S. 41---Constitution of Pakistan (1973), Art.185(3)---Transfer of property (land) by ostensible owner---Property transferred under Settlement laws---Leave to appeal was granted by Supreme Court to consider the contentions that petitioner having not been made party in the proceedings, she was condemned unheard and that petitioner had purchased the land from the allottee whose claim was never held to be non-genuine through sale-deed as far back as 30-4-1964 therefore, the said allottee could not have got his units transferred to some other village to deprive the petitioner of her valuable rights as owner thereof, though it could be possible in case of cancellation of the allotment of the allottee on the ground of fraud in obtaining the allotment in excess of verified claim or no claim, therefore, the petitioner could not have been deprived of the land purchased by her before the allotment after confirmation of the same in favour of some other person and he could not, in such a case, get the units transferred and even if those units were transferred to some other village, the allotment in that village should live been cancelled instead of depriving the petitioner of her valuable rights who had bona fide purchased the same with valuable consideration without notice---Supreme Court directed that till the disposal of the appeal, possession of the petitioner over the land in dispute shall not be disturbed or interfered with. (b) Transfer of Property Act (IV of 1882)-------S. 41---Transfer of property (land) by ostensible owner---Property transferred under Settlement laws---Contention of the petitioner was that she having not been made party in the proceedings, was condemned unheard and that petitioner had purchased the land from the allottee whose claim was never held to be non-genuine through sale-deed as far back as 30-4-1964 therefore, the said allottee could not have got his units transferred to some other village to deprive the petitioner of her valuable rights as owner thereof, though it was possible, may been case of cancellation of the allotment of the allottee on the ground of fraud in obtaining the allotment in…

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