Dispute over Property

F.I.R. stated that accused and one of his co-accused caused injuries to the deceased by hitting his head with lathies but post mortem report indicated that there was only one injury

Said co-accused and another co-accused had already been granted bail by High court and on the rule of consistency accused was also entitled to bail

All other co-accused were not alleged to have caused any injury to the deceased

Accused and co-accused were armed with firearms but no firearm was used for causing any injury to any person

Pre-arrest bail granted to accused and co-accused (except one) was confirmed, in circumstances.

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 found to be divisible by Letter Patent Bench and transferred to both occupants in accordance with their respective possession

Subsequent purchaser not joining as party in appeal, sought leave to appeal on ground that she was not given opportunity of being heard

Held, since petitioner had chosen to purchase property while it was subject-