Law: Specific Relief Act, 1877

Section: 39,42,54

(a) Acquiescence, doctrine of--- ----Connotation---Acquiescence occurs when a person knowingly stands by without raising any objection to infringement of his rights, while someone else unknowingly and without malice afterthought acts in a manner inconsistence with his rights---Result of acquiescence is that person whose rights are infringed may lose ability to make a legal claim against infringer---Doctrine of acquiescence infers a form of 'permission' that results from silence or passiveness over an extended period of time---Plea of acquiescence is applicable to suits for which a period of limitation is prescribed by law---Mere delay in asserting right does not constitute "acquiescence". B.L. Sreedhar and others v. K.M. Munireddy (Dead) and others AIR 2003 SC 578; Sailala v. Smt. Ngurtaiveli AIR 1980 Gauhati 70; Talha Sarfraz v. Azad Government of th State of Jammu and Kashmir through Chief Secretary and 16 others 2013 YLR 652; Uda Begam v. Imam-ud-Din and others L.L.R. 1 All 82 and Ramsden v. Dyson 1866 L.R. 1 HL 129 rel. (b) Specific Relief Act (I of 1877)--- ----Ss. 39, 42 & 54---Financial Institutions (Recovery of Finances) Ordinance (XLVI of 2001), Ss. 2(c) & 9---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120--- Suit for declaration, injunction, cancellation and damages---Forged General Power of Attorney---Onus to prove---Privity of contract---Suit property was transferred via registered gift between plaintiffs---Defendants and Bank claimed that property was mortgaged via General Power of Attorney and that there was privity of contract---Plea raised by defendants was that suit was to be tried by Banking Court---Validity---Where a document was repudiated by its executant or any other claiming under him as a forged document, party claiming under such document would prove that document was genuine---Onus was on beneficiaries as presumption of truth attached to registered document was rebuttable which stood rebutted when a document was repudiated by its executant---Plaintiffs denied execution of General Power of Attorney claiming same to be a forged document, with supportive evidence of forensic expert, therefore, burden to prove its execution shifted on…

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