Law: Specific Relief Act, 1877

Section: 12

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

Section: 117,120

(a) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Arts.117, 120---Specific performance of agreement to sell---Execution of agreement---Onus to prove---Plaintiffs sought specific performance of agreement to sell executed by attorney of original owner---Trial Court dismissed the suit but Lower Appellate Court allowed appeal and decreed suit in favour of plaintiffs---Validity---Original owner got power of attorney cancelled on the basis that it was a fake document---If power of attorney was treated as a genuine document, which was dated 10-5-1982, even before that, the original owner had transferred suit property in favour of defendants through written sale deed dated 13-2-1982---When original owner till his last breath under the sale deed owned transfer of suit property in favour of defendants and if power of attorney was valid attorney of the original owner, even then he was not competent to enter into agreement to sell the property on behalf of his father again, which had already been transferred and admitted by the owner---Decree in suit for specific performance was a discretion with the court, if plaintiff had proved the agreement without any shadow of doubt---Evidence led by plaintiffs did not entitle them to a decree for specific performance in their favour---Refusal by Trial Court was in accordance with law and reversal of findings by Lower Appellate Court on the basis of which decree for specific performance had been granted, was not only against evidence on file but also against principles of law---Plaintiffs were not entitled to decree for specific performance, therefore, High Court reversed findings recorded by Lower Appellate Court granting decree for specific performance, as suit property was not available for transfer at the time of agreement to sell by the attorney---High Court set aside and decree passed by Lower Appellate Court and restored that of Trial Court---Second appeal allowed in circumstances. [Paras. 7, 9 of the Judgment] (b) Civil Procedure Code (V of 1908)--- ----S. 12(2)---Application under S. 12(2), C.P.C.---Locus standi---Where plaintiff has no locus standi to challenge decree under S. 12(2), C.P.C.…

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