Law: Specific Relief Act, 1877

Section: 8,42,54,55

Law: Contract Act, 1872

Section: 202,202A

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

Section: 17,17(2)(a),79

Law: Transfer of Property Act, 1882

Section: 53A

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 8, 42, 54 & 55--Suit for specific performance permanent and mandatory injunction, suit for possession, mandatory and permanent injunction--Suits were consolidated--Consolidated --Suit for specific performance was decreed, while suit for possession was dismissed--Appeal--Allowed--Allotment of plot--Agreement to sell--Possession was handed over--Construction agreement--General power of attorneys--Non acceptance of power of attorney by C.D.A--Issuance of letters regarding clearance of outstanding dues--Execution of document--Challenge to--Mere fact that construction agreement was registered did not absolve appellant from proving same in accordance with law--It is well settled that mere registration of a document in itself is not proof of its execution by a person who is alleged to have executed same, if execution of such a document is denied by any of parties in litigation--Appellant has also not been able to prove sale consideration for suit plot which had been paid by him to Muzaffar Khan or any other person authorized by latter--Appeal was dismissed. Transfer of property Ac, 1882 (IV of 1882)-- ----S. 53-A--Protection of possession--Execution of a written contract pursuant to provisions whereof possession of immovable property is obtained by a party/purchaser does not create title in such property in favour of a party/purchaser but only protects his possession against seller or his successors-in-interest--Protection of possession under Section 53-A of 1882 Act is consequential or dependent on existence of a lawful, enforceable and proved contract--As per C.D.A. records ownership in suit plot vests in Muzaffar Khan's legal heirs--Since appellant was not able to prove execution of agreement to sell, he cannot protect his possession of suit plot as against Muzaffar Khan's legal heirs--Therefore, learned appellate Court did not commit any illegality in decreeing suit of possession etc., filed by Muzaffar Khan's legal heirs. Contract Act, 1872 (IX of 1872)-- ----S. 202--A registered power of attorney coupled with interest becomes irrevocable by virtue of provisions of Section 202 of Contract Act, 1872--As regards…

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