Law: Specific Relief Act, 1877

Section: 8,39,42,54

Specific Relief Act (I of 1877)--- ----Ss.8, 39, 42 & 54---Suit for possession, cancellation of document, declaration and injunction---Concurrent findings of facts by two Courts below---Principal and attorney---Relationship---Transfer of property in the name of relative of attorney---Appellant / defendant resisted suit filed by respondent / plaintiff on the plea that suit property had already been sold to him by the attorney of previous owner---Both the Courts below concurrently decided the suit and appeal in favour of respondent / plaintiff---Validity---Property changed hand through attorney by previous owner for the benefit of appellant / defendant, who was his brother, therefore, transaction could not escape from requirement of special permission from principal---Sanctity of the Iqrarnama presented after seven years of filing of written statement was shrouded in doubt by the testimony of witnesses---Trial Court rightly concluded that such Iqrarnama was nullity in the eye of law---Both the Courts below rightly held that the attorney was incompetent in making sale of subject property to his own brother appellant / defendant---High Court declined to interfere in judgments and decrees passed by two Courts below who had dealt with the matter meticulously and rendered well-reasoned judgments---Second appeal was dismissed in circumstances. Mst. Anwari v. Abdul Waheed and another 2019 MLD 701 and Bilal Hussain Shah and another v. Dilawar Shah PLD 2018 SC 698 ref. Muhammad Taj v. Arshad Mehmood and 3 others 2009 SCMR 114 and Muhammad Yakoob Brohi v. Ministry of Housing and Works and 2 others s2017 CLC 369 rel. ORDER ZULFIQAR AHMAD KHAN, J.----These twin Second Appeals arise from a common judgment passed in Civil Appeals No.120/2017 and 121/2017, which maintained judgment and decree passed by the learned Senior Civil Jude, Badin in consolidated F.C. Suit No. 82/2009 and 87/2009. 2. Per learned counsel for the appellants, the present respondent No.3 Mst. Shafaq Naz @ Shafqat Naz daughter of Abdul Majeed filed leading F.C.Suit No.82 of 2009 against the appellant Shakeel Ahmed for declaration, cancellation, possession, mesne profits and permanent injunction in…

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