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Civil Petition No. 41 of 1985, decided on 25th June, 1986.
(On appeal from the judgment and order of the Lahore High Court, Lahore, dated 25‑9‑1984 passed in C.M. No. 3314 of 1983 in L.P.A. No. 1375 of 1966).
(a) Constitution of Pakistan (1973)‑‑
‑‑‑Arts. 185(3) a 199‑‑Civil Procedure Code (V of 1908), S. 12(2)‑‑Leave to appeal granted to consider whether respondent after having sold land in question during pendency of writ petition had any right left in her to compromise and withdraw Letters Patent Appeal so as to affect rights of bona fide purchaser namely appellant as a result of collusion between herself and respondents; and whether it was obligatory on High Court to hold an inquiry under S.12(2), Civil Procedure Code, in context of said collusion having been brought to its notice on the law laid down by Supreme Court in 1982 S C M R 494.
Mat. Safia Bibi v. Mst. Aisha Bibi 1982 S C M R 494 ref.
(b) Constitution of Pakistan (1973)‑‑
‑‑‑Art. 185(3)‑‑Transfer of Property Act (IV of 1982), S. 52 Leave to appeal granted to consider whether S .52 of Transfer of Property Act 1882 had any application at appellate stage in view of collusive nature of proceedings.
Raja Muhammad Anwar, Advocate Supreme Court instructed by Ch. Akhtar Ali Advocate‑on‑Record for Petitioner.
Ch. Khalilur Rehman, Senior Advocate Supreme Court with Sh. Salahuddin Advocate‑on‑Record (absent) for Respondents Nos. 11 to 15.
Nemo for Respondents Nos. 1 to 9.
Date of hearing: 25th June, 1986.
‑‑Leave to appeal is granted to consider the following questions:
(a) Whether Mst. Rehmat Bibi after having sold the land measuring 20 Kanals and 12 Marlas during the pendency of the writ petition had any right left in her to compromise and withdraw the Letters Patent Appeal so as to affect the rights of the bona fide purchaser, namely, the appellant as a result of the collusion between herself and the respondents;
(b) Whether it was obligatory on the High Court to hold an inquiry under section 12(2) of the Code of Civil Procedure in the context of the aforesaid collusion having been brought to its notice on the law laid down by this Court in Mst. Safia Bibi v. Mst. Aisha Bibi 1982 S C M R 494; and
(c) Whether section 52 of the Transfer of Property Act had any application at the appellate stage in view of the aforesaid collusive nature of the proceedings
Security for costs Rs.2,500. The interim order is confirmed with the further direction that the appellant shall not make any additional construction till the disposal of the appeal. To be heard on the present record at an early date with liberty to the parties to file additional documents, if any.
M.Y.H. Petition allowed.
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