Law:

Section:

Transfer of Property Act (IV of 1882)- -- S. 6 read with Contract Act (IX of 1872), S. 17-Transfer-Fraud­Alleged scribe of power-of-attorney proved to be a fictitious person-­Marginal witnesses of deed not examined-Attestation of document denied by official alleged to have attested it Agreement of sale written on two pages, first a Photostate copy and other in original and on ordinary paper containing concluding part with alleged Signa­ture of executants and two attesting witnesses-Two parts of docu­ments self-contradictory in their tenor-Both documents unregis­tered-No reason, held, to interfere with concurrent findings of fact recorded by three Courts below finding documents forged.-[Power of Attorney]. JUDGMENT MUHAMMAD AKRAM, J.-The suit of the plaintiff-petitioner was dismissed by the trial Court and the decree was affirmed on appeal rejected by the 'District Judge, His second appeal against the decree was also dismissed by a learned Judge of the Lahore High Court at Lahore on the 9th of July 1976. This is a petition filed by him for special leave to appeal from the judgment and decree Passed by the High Court. Admittedly the plot bearing No. B-555 Satellite Town, Rawalpindi was allotted to the respondent by the District Allotment Committee, and he had built a house at the site. The case of the plaintiff-petitioner in brief is that on the 13th of June 1968 he had purchased the house from the respondent through his special attorney namely Muhammad Ashraf for Rs. 13,274 and was in possession thereof ever since in his swat right as its owner. He, therefore, brought the suit, out of which this petition has arisen, against the respondent in the trial Court for a declaration to the effect that he was the owner of the house in dispute and also prayed for a permanent injunction restraining the defendant from claiming to be the owner thereof and from interfering with his possession. The defendant resisted the suit. He denied that Muhammad Ashraf was his special attorney having any authority to sell the house and alleged that the transfer order in his favour, if any, was procured by the plaintiff from the District Allotment Committee as a result of fraud and forgery…

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