1. ' SHAFIUR RAHMAN, J.--The respondents as plaintiffs sought a declaration that they were owners of the disputed land measuring 5 kanals, 6 marlas in Chak No,124/6-R, Tehsil Haroonabad, District Bahawalnagar. Their claim was on the fact that they have purchased the land in auction from the Collector of the District. A mutation to that effect had been attested. The Federal Government in the Railways Department claimed the land as theirs. It was, therefore, basically a dispute over title between the Federal Government and the Provincial Government. Besides, in the former Bahawalpur State, Transfer of Property Act was in force and, therefore, the conveyance deed by which the property was sold to the respondents should have been looked into rather than the mutation register and the entries thereof.
2. ' All the three Courts have not attended to this aspect of the case and it appears that it is necessary to examine this aspect for which leave to appeal is granted. Security shall be Rs,2,500.
3. ' Leave to .