Law: Qanun-e-Shahadat (10 of 1984)

Section: 117

Law: Displaced Persons (Land Settlement) Act, 1958

Section: 10

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art.117---Power of attorney---Transfer of suit property by defendant on basis of general power of attorney alleged to have been executed in his favour by its real owner---Plaintiffs being legal heirs of real owner of suit property alleged such transfer by defendant to be fraudulent---Burden of proof---Defendant for being beneficiary of such power of attorney was legally obliged to have proved its genuineness at initial stage. (b) Displaced Persons (Land Settlement) Act (XLVII of 1958)--- ----S.10---Evacuee land allotted to displaced person in lieu of his verified claim---Validity---Such land would not be returnable to Central Government, which had neither contested such allotment nor denied claim of such person---Illustration. THIS JUDGMENT PASSED BY: ROOH-UL-AMIN KHAN J.--- Through the instant revision petition, the petitioners have sought the indulgence of this court to set at naught the concurrent judgments and decrees of the learned two courts below dated 30-5-2008 and 28-1-2009respectively, whereby their suit for declaration, perpetual injunction and possession of the property in question was dismissed. 2. Brief and essential facts of the case as averred in the plaint are that some landed property fully described in the plaint was allotted to one Hassan Muhammad son of Naseer Khan who died on way while migrating to Pakistan from India at the time of partition of the Sub-Continent in the year 1947. He was allotted the suit property in District D.I.Khan, in lieu of his verified Claim No. 1388, in Chak No.71/WB, Vehari Punjab. On getting knowledge about the same, Hazrat Nabi, defendant No.1, through a fake and fictitious power of attorney fraudulently transferred the said property to defendants Nos. 2 to 4 on behalf of late Hassan Muhammad. Muhammad Jamil and five others, plaintiffs/petitioners, being the legal heirs of the deceased Hassan Muhammad, filed a suit against the said Hazrat Nabi and three others, defendants/respondents, for declaration to the effect that they are owners-in-possession of the property fully described in the plaint through inheritance from their predecessor-in-interest, namely, Hassan Muhammad…

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