Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Registration Act (XVI of 1908), S.17(b)---Suit for declaration, permanent injunction and possession by predecessors-in-interest of a lady asserting therein that their mother was the owner in possession of the suit-land; that she had never appointed anybody as her attorney and the alleged general power of attorney was invalid and fictitious and mutation entered in respect of sale of the suit property were not only illegal but mutations were attested by fraud as managed by the then Patwari---Neither the scribe of the document of general power of attorney nor the Notary Public alleged to have attested the same was examined to prove its genuineness---Very foundation of this case was baseless and merited to fall down---When the sale mutations in dispute were made, consolidation proceedings were pending, alienation and mutation, in absence of registered sale-deed and also without obtaining necessary permission of the Consolidation Officer were illegal---Record showed that no such general power of attorney was produced in the evidence before the Trial Court as such same being non-existent, the question of its validity would not arise at all---Any document that purported to create right, title or interest in immovable property required compulsory registration---If the general power of attorney was in existence, the same should have been compulsorily registered and mere attestation of general power-of-attorney by the Notary Public was not sufficient to meet the requirement of law. (b) Limitation Act (IX of 1908)--- ----S. 5---Condonation of delay---Mutations and alienations having taken place behind the back and knowledge of the owner of the property, condonation of delay in filing suit while taking into consideration the circumstances was valid. JUDGMENT ABDUL HAMEED DOGAR, J.---This petition calls in question judgment dated 11-7-2002 of the Lahore High Court, Lahore, whereby Civil Revision No. 1151 of 1995 filed by the petitioners Siraj Din and others was dismissed and the concurrent findings recorded by the Courts below were maintained. 2. Facts leading to the filing of the instant petition are that Mst.…

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