Law: Specific Relief Act, 1877

Section: 8

Specific Relief Act (I of 1877)---.--- ---.----S. 8---.---Suit for recovery of possession and mesne profits---.---Power of attorney, authenticity of---.---Proof---.---Purchaser claimed that he had purchased suit property from the attorney appointed by the owner---.---Owner alleged that he had never appointed any attorney through a power of attorney, hence the registered sale deed executed by the attorney in favour of purchaser was a fraudulent transaction; that suit property was in possession of his tenants in lieu of monthly rent---.---Case record clearly showed that monthly rent from the four tenants was being collected by the attorney since their induction as tenants, yet no action was taken by the owner against the attorney either directly or through his other purported representatives---.---Attorney clearly had possession of the suit property without any protest or resistance from the owner, then constructed shops, inducted tenants, constructed boundary walls and finally on the strength of the irrevocable power of attorney executed a registered sale deed in favour of purchaser---.--- General power of attorney was allowed to be produced in evidence without any objection from the owner, who only denied its execution---.---Suit for possession of suit property filed by the purchaser was rightly decreed by Trial Court---.---Appeal was dismissed accordingly. THIS JUDGMENT DELIVERED BY: FAISAL ARAB, JUSTICE:---.--- In February, 1979, Jamaluddin filed a suit for recovery of possession and mesne profit against Liaquat Ali. In the plaint Jamaluddin claimed that the disputed property bearing No. 111-G-12/37, Nazimabad, Karachi was originally owned by S.K. Shah from whom it was purchased by him through his attorney Muhammad Saleem. The possession from Liaquat Ali was sought by Jamaluddin on the ground that he is in unauthorized occupation of one of the shops in the disputed property as he was inducted by Muhammad Saleem in milk shop only as his salesman and that upon his demand to vacate the shop, Liaquat Ali first promised to vacate but then refused. To support the transaction of sale, Jamaluddin relied upon an irrevocable general power of attorney dated 30.04.1966…

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