Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Suit for declaration--Decreed--Appeal--Allowed--Illirate lady--Suit land was inherted by her father, mother and sister--Preparation of forged power of attorney--Mutation deed--Concurrent findings--Revisional jurisdiction--Challenge to--At time of execution of power of attorney neither any independent advice was available with plaintiff/respondent nor any independent witness attested said power of attorney being marginal witness--There is not an iota of evidence that prior to attestation of mutation by attorney in favour of his father, attorney take his principal into confidence--Said lapse is also sufficient to annul disputed sale reflected in mutation--Concurrent findings of fact on face of record have been eminently arrived at by both learned Courts below and they rightly decreed suit filed by respondent on valid reasons through impugned s and decrees--Scope of interference in revisional jurisdiction by this Court is restricted and narrower, which is only meant for correcting errors of facts and law, if are found to have been committed by subordinate Courts in discharge of their judicial functions--Civil revision was dismissed. THIS ORDER PASSED BY: CH. MUHAMMAD MASOOD JAHANGIR, JUSTICE---.--- The precise facts of the case are that by filing a declaratory suit Mst. Ayesha Bibi, Respondent No. 1/plaintiff claimed-that she was an illiterate lady aged about 72 years and the suit land was inherited by her from the legacy of her father, mother and sister; that Nazar Mohammad petitioner/Defendant No. 1, who was her nephew along with his son Abdul Shakoor, Defendant No. 2 mamauvered to prepare a forged power of attorney dated 7.2.1995 with regard to the suit property and transferred the same to Defendant No. 1/petitioner through mutation dated 28.3.1995, which was liable to be cancelled while declaring the same to be fictitious and fraudulent document. Both the learned Courts below after appreciating the evidence available on file concurrently decreed the suit of the plaintiff/respondent. Feeling dissatisfied, the instant civil revision, has been filed by the petitioners/defendants. 2. Arguments heard. Record…

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