Law: Qanun-e-Shahadat (10 of 1984)

Section: 89,103

Law: Evidence Act, (1 of 1872)

Section: 103

Law: Civil Procedure Code (V of 1908)

Section: O.VI,XXIX,R.1,14,15

(a) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 89 & 103---Suit for declaration and injunction---Ostensible ownership---Proof---Plaintiff was owner of suit property and was aggrieved of possession by defendants---Plea raised by defendants was that they were ostensible owners and that Power-of-attorney of plaintiff's counsel was defective---Validity---Deposition of attorney was recorded on 28-01-2013 whereas subsequent general power of attorney was of 18-02-2013 which was duly attested by Pakistan Mission at London, as per requirement of Art.89 of Qanun-e-Shahadat, 1984---Lacuna even if it was there at time of giving evidence was subsequently rectified/cured by subsequent General Power of Attorney authenticity of which was never disputed---In terms of Art. 103 of Qanun-e-Shahadat, 1984 documentary evidence excluded oral evidence and any contrary deposition of such attorney at relevant time when subsequent Power-of-Attorney was not there but subsequently produced as evidence would not adversely affect case of plaintiff---Attorney was duly authorized by the principal/plaintiff to institute and pursue litigation in all respects---Plaintiff on account of his cordial relationship with family of defendants allowed them to reside and use suit property in utmost good faith and to return a past favour which was extended by defendants to plaintiff by allowing latter to reside with defendants when they were in Dubai few decades back---Defendants misused bona fide gesture of plaintiff which resulted in present litigation---Plaintiff was put through mill of litigation merely to get back possession of his own property---Attitude of defendants shook trust of a close family friend plaintiff and defendants and such action indicated declining social values in society---High Court declared that sum of Rs. 15,00,000/- was adequate amount that defendants were liable to pay to plaintiff towards general damages and compensation---Suit was decreed in circumstances. Begum Nusrat Ali Gonda v. Federation of Pakistan and others PLD 2013 SC 829; Manager, Jammu and Kashmir, State Property in Pakistan v. Khuda Yar and another PLD 1975 SC 678; Muhammad Anwar Khan and 5 others v. Chaudhry Riaz…

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