Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)-------Art.95---Power-of-attorney---Presumption as to authentication---Presumption about execution and authentication is attached to the power of attorney duly authenticated by the Notary Public or any court, magistrate or the government officer authorized in this behalf. (b) Specific Relief Act (I of 1877)--- ----S.42---West Pakistan Land Revenue Act (XVII of 1967), S.42---Contract Act (IX of 1872), S.197---Suit for declaration---Implied ratification of the acts of attorney---Mutation executed by attorney was challenged by the plaintiff---Plaintiff did not disown the acts of his attorney and kept quiet for a period of almost 2-1/2 decades---Plaintiff had withheld the first power-of-attorney and after failure of his brother in the pre-emption suit, opted to file suit for declaration---Even if there was any mistake as to place, where the land was situated by keeping silent for a period of more than 24 years, plaintiff had impliedly ratified the acts of his attorney---Plaintiff could have not been allowed to say that the sale was made without express authority---Mutation was not void. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42---Specific Relief Act (I of 1877), S. 42---Mutation, sanction of---Plaintiff asserted that mutation was void as the same was not signed by the attorney himself---Validity---Contention of the plaintiff was repelled as the signatures of the attorney were not required on the mutation. (d) Specific Relief Act (I of 1877)--- ----S.42, proviso---Suit for declaration without prayer for possession---Such suit was hit by the proviso to S.42 of Specific Relief Act, 1877. (e) Civil Procedure Code (V of 1908)--- ----S.115---Revision---Concurrent findings---Interference by High Court---Concurrent findings could be set at naught under S.115, C.P.C. provided the same were result of misreading and non-reading of evidence or found to be perverse and against the law---In the present case, findings recorded by the two courts of competent jurisdiction were based on proper appraisal of evidence and correct appreciation of questions of law involved, High Court declined to interfer in exercise of its revisional…

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