Law:

Section:

Contract Act (IX of 1872)------Ss. 187 & 188---Civil Procedure Code (V of 1908), S. 11---Specific Relief Act (I of 1877), S.42---Declaration of title---Attorney, appointment of---Proof---Proceedings in another case---Effect---Plaintiffs assailed transfer of suit land in favour of defendant on the plea of fraud as allegedly the attorney who made the transaction was not appointed by them---Judgment and decree passed by Trial Court in favour of plaintiffs was maintained by Lower Appellate Court and High Court---Validity---Concurrent findings of facts were recorded by all three courts below to the effect that power of attorney was neither produced in original nor it had been proved in accordance with law, though the defendant was a beneficiary and he was required to do so---On account of some findings about power of attorney in another litigation, the rule of res judicata was not attracted, particularly when such s and decrees had not been shown to have been adduced in evidence by defendant before Trial Court---Supreme Court declined to interfere in concurrent s and decrees passed by the courts below---Appeal was dismissed. Deo Narain Singh and others v. Bibi Khatoon and others AIR 1949 Patna 401; Brij Mohan Lal Murli Dhar v. Kishore and another AIR 1959 Punjab 555; Saddaqat Ali Khan through L.Rs. and others v. Collector Land Acquisition and others PLD 2010 SC 878 and Central Government of Pakistan and others v. Suleman Khan and others PLD 1992 SC 590 ref. Gulzarin Kiyani, Senior Advocate Supreme Court and Abdul Aziz Kundi, Advocate-on-Record for Appellant. Abdul Latif Yousafzai, Advocate Supreme Court for Respondents Nos. 2 to 6. Tanvir-ul-Islam, Advocate Supreme Court for Respondent No.6(a). Ex parte for Respondents Nos. 7 and 8. Date of hearing: 26th September, 2011. JUDGMENT MIAN SAQIB NISAR, J.---The facts, of this appeal under Article 185(2)(e) of the Constitution of the Islamic Republic of Pakistan, 1973 are, that Mst. Malooka (since dead), widow of Faizullah Khan along with her five daughters brought a suit against the appellant and respondent No.8 based on the cause of action, that their share in the land subject matter of the suit has been…

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