Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Art. 79---Suit for declaration---Power of attorney, execution of---Burden of proof---Co-sharer, rights of---Contention of defendants was that suit property had been sold to them by the plaintiffs---Suit was decreed concurrently---Validity---Burden of proof should be on the person who had derived or had to derive any benefit of transaction---Power of attorney was attested by two witnesses but none of them appeared in the witness box to verify his signature---Person who had alleged that witness was not alive had to produce any other document signed by the deceased for comparison of one under consideration---Bald statement of relative or friend of deceased would not be sufficient proof that deceased had signed the document---Due execution of document should be proved by the executant---Mere proof of signature of attesting witness was not the requirement of law---No witness had deposed that power of attorney was signed or thumb impressed by the plaintiffs in his presence---Defendants had failed to prove factum of payment of sale consideration---Defence witness was not confronted with original script of power of attorney for the purpose to recognize signature of his father---Reference to copy in absence of original should not be considered as admissible evidence---Witness should not be confronted with a copy of document without prior permission to prove such missing document through secondary evidence---No permission had been granted, evidence of said witness being inadmissible should not have been considered---Where execution of registered document was denied by the executants then said document would lose its sanctity of presumption to be considered as correct and its veracity would depend upon the quantum and quality of evidence produced to prove its execution---Two witnesses were required to prove the transaction of sale and payment of sale consideration---Everything found mentioned in the registered deed or revenue paper must not invariably be accepted without proof of its due execution, genuineness and authenticity---Neither limitation nor conduct of plaintiff could estop him from…

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