2004 SCMR 515
----Ss.17 & 21---Constitution of Pakistan (1973), Art.185(3)---Award made rule of Court---Father (defendant) transferred suit-land by way of family settlement to all his heirs from both wives---Some children (plaintiffs) later on claiming suit-land to have been gifted to them by father (defendant) filed against him suit, wherein they obtained award, which was made rule of Court with, consent of father---Courts below in a subsequent suit filed by other heirs refused to give effect to such award---Validity---Other heirs were neither made party in previous suit, wherein arbitration had taken place nor they had been even heard before making award rule of Court---If father, as had been found by Courts below, had already transferred suit-land by way of family settlement to his heirs from both wives, then he had ceased to be owner thereof--Proceedings in previous suit appeared to be not bona fide, but collusive---Alleged gift if any, made by father, had been proved, would no effect upon previous disposal on basis of which, parties had become owners of suit-land---Supreme Court dismissed petition and refused leave to appeal.
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