Law: Specific Relief Act, 1877

Section: 42

Law: Transfer of Property Act, 1882

Section: 54

Law: Civil Procedure Code (V of 1908)

Section: 100

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Suit for declaration--Dismissed--Appeal--Dismissed--Agreement to sell by attorney--Revocation of general power of attorney--Limitation--Concurrent findings--Challenge to--When a transaction was claimed through attorney, it was duty of plaintiffs to prove that original owner was not available at place where parties were entering into agreement to sell and attorney was having full powers to enter into agreement to sell suit property--Unless an attorney is given specific powers to bind principal for performance of terms of agreement in future, attorney cannot bind principal and enter into agreement to sell of property owned by principal, therefore, this agreement is bad on basis of having no powers with attorney to enter into agreement to sell of suit property--There are concurrent findings of fact recorded by two courts below and courts below while passing impugned s and decrees took a count of every bit of evidence available on file and nothing is shown to have been over looked any part of record from their judicious consideration--Findings of learned courts below on question of fact and law are based upon proper appreciation of oral as well as documentary evidence, which are not liable to be reviewed or substituted by this Court while exercising jurisdiction under Section 100 of CPC--Appeal was dismissed. 2001 MLD 2019, PLD 1996 Pesh. 86 and 1992 SCMR 1488, ref. THIS JUDGMENT DELIVERED BY: AMIN-DIN-KHAN, JUSTICE---.--- Through this second appeal the appellants have challenged the judgment and decree dated 19.03.2016 passed by the learned Additional District Judge, Jhang whereby the first appeal filed by the appellants was dismissed and the judgment and decree dated 24.06.2014 passed by the learned Civil Judge 1st Class, Jhang whereby the suit for declaration in the alternate for specific performance filed by the appellants/plaintiffs was dismissed. 2. I have heard the learned counsel for the parties at full length and also gone through the record minutely with their able assistance. 3. The suit was filed by the appellants on 27.04.2001 on the basis of an agreement to sell dated 17.04.1993 pleading as a sale…

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