Law: Code Of Civil Procedure, 1908.

Section: 34

ORDER; 

Anwaar Hussain J: This Civil Revision challenges the concurrent findings of the Courts below. Through judgment and decree dated 30.11.2022, the learned Civil Judge 1st Class, Sialkot, partially decreed the suit for recovery of Rs.14,800,000/- filed by respondent Zaheer Ahmed Loan, awarding Rs.5,766,000/-, with a 5% annual increase from the date of the sale deed (11.08.2005) until the payment. The remaining claims, including those based on mental anguish and alleged disgraceful conduct of the petitioner, being general attorney of one of the vendors of the sale, were dismissed. The petitioner’s appeal was also dismissed, through judgment and decree dated 21.09.2023.

2.             By way of factual background, it has been noted that the respondent’s suit was premised on the assertion that Mst. Shukar Bibi, Muhammad Amin, Muhammad Naeem, Muhammad Saleem, and Mst. Sajida Parveen were the owners in possession of the suit property, as detailed in the plaint. They appointed the petitioner, Shaheen Baig, as their general attorney through document No.655 dated 12.06.2004. Acting under this power of attorney, the petitioner transferred the suit property to the respondent through registered sale deed No.4109 dated 11.08.2005, after receiving full sale consideration of Rs.23,000,000/-. However, the legal heirs of one of the vendors, namely, Muhammad Saleem instituted a suit titled ‘Samina Kausar etc. v. Shaheen Baig’, seeking declaration and cancellation of the sale deed and the subsequent mutation. They contended that Muhammad Saleem had passed away before the transfer, rendering the sale fraudulent and liable to cancellation.