Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42, 39, 54 & 56---Suit for declaration, cancellation and perpetual injunction---Neither husband of plaintiff was owner of suit property nor he was competent to make any pronouncement with regard to such property---Plaintiff had no legal character to maintain the present suit as no cause of action ever accrued to her for filing of the same---Present suit was barred by Sections 42, 54 and 56 of Specific Relief Act, 1877---Suit was dismissed and plaintiff was directed to hand over all the original documents of suit property for delivery of the same to the defendant. JUDGMENT SYED SAEEDUDDIN NASIR, J.---This is suit for declaration, cancellation and permanent injunction, with the following prayers:-- (i) To declare that the plaintiff is lawful and exclusive owner of the suit property viz Ground+Two Storey constructed House No. SNP-46, measuring 400 Sq. Yards situated in Al-Riaz Co-operative Housing Society Ltd., Shaheed-e-Millat Road, Block 7 and 8, Bahadurabad, Karachi by way of dower. (ii) To declare that the Gift Deed bearing Registered No. 2096, dated 7-7-1999, Sub-Registrar T-Division, XI, Karachi and M.F. Roll No. 2657, Photo-Registrar, Karachi dated 28-8-1999, executed by the deceased husband of the plaintiff in favour of his daughter Miss. Nadia Choudhry on the basis of fake special power of attorney is bogus and liable to be cancelled and having no legal effect in the eye of law and further declare all that the conditions of the gift deed have not been fulfilled, hence the same is not effective as forged, bogus null and void, ab initio and no legal effect. (iii) To cancel the said Gift Deed bearing Registered No. 2096, dated 7-7-1999, Sub-Registrar T-Div. XI, Karachi and M.F. Roll No. 2657, Photo-Registrar, Karachi dated 28-8-1999, having no legal effect and on the basis of fake special power of attorney. (iv) To restrain the defendant, her attorney severally and jointly her men, agents, servants or any person or persons on her behalf to use or claim to be the owner of the property in question viz, Ground+Two Storey constructed House No. SNP-46, measuring 400 Sq. Yards, situated in Al-Riaz Co-operative Housing…

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