Law: Specific Relief Act, 1877

Section: 8

Specific Relief Act (I of 1877)--- ----S. 8---Suit for possession---Suit property was originally owned by paternal uncle of predecessor-in-interest of the plaintiffs---Said original owner, through a registered general Power-of-Attorney had authorized father of the plaintiff to act on his behalf as general attorney to look after his properties; and for alienating his properties by way of mortgage, sale, exchange, gift etc.---Father of plaintiff in view of said Power-of-Attorney disposed of the suit property in favour of his son/the plaintiff by way of registered gift deed---Defendant's occupation of suit property was declared as that of a licensee under the plaintiff---Physical possession of the plaintiff; in such circumstances, was neither possible nor necessary for validity of gift---Gift without delivery of possession could only be impeached by the donor and not by a third person as well as a person claiming hostile possession against donor and donee---Property in dispute was not owned by the defendant---Had he been the owner of the suit property, then the question of validity of gift and inheritance of the said property, would have been the valid and legal one, but when he was merely an attorney of the original owner, no question of his entitlement' or any other legal heir would arise---Defendant or any other, was bereft of locus standi to question the validity of the gift in favour of the plaintiff---Counsel for the defendant, was unable to make out a case for interference in revision---1n absence of any misreading or non-reading of evidence or jurisdictional defect in the concurrent findings of facts of the two courts below, High Court could not interfere in exercise of revisional jurisdiction. Ashiq Hussain and another v, Ashiq Ali 1972 SCMR 50; Mst.Shumal Begum v. Mst. Gulzar Begum and 3 others 1994 SCMR 818; Mst. Bandi v. Province of Punjab and others 2005 SCMR 1368; Haji Allah Bukhsh and others v. Muhammad Yar and others 2007 MLD 601; Fazal Hanan v. Mukarram Jan and others 2007 CLC 894; Gauhar Rehman v. Jan Ashbi and another 1990 SCMR 1586; Saida v. Pinnu and another PLD 1979 SC (AJ&K) 245; Habibullah Jan and others v. M. Hassan Khan and others…

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