Law: Specific Relief Act (I of 1877)

Section: 39,42,54

(a)    Specific Relief Act (I of 1877)--- ----Ss. 39, 42 & 54---Qanun-e-Shahadat (10 of 1984), Arts.30 & 113---Civil Procedure Code (V of 1908), S. 115---Suit for cancellation of document, declaration and injunction---Concurrent findings of facts by two Courts below--Admitted fact---Fraud, effect of---Petitioners / plaintiffs assailed sale deed on the plea that attorney appointed by their deceased father executed sale deed after the power of attorney was revoked---Both the Courts below concurrently dismissed suit and appeal filed by petitioners / plaintiffs---Validity--Respondents / defendants were well aware about the fact that late father of petitioners / defendants moved for revocation of general power of attorney through written instrument and the same was registered with Sub-Registrar concerned---Such fact mentioned in written statement filed by respondents / defendants fulfilled conditions of an admission as envisaged under Art. 30 of Qanun-e-Shahadat Order, 1984---Admitted fact need not to be proved--Attorney failed to give any justification for transfer of land in favour of defendant / his real brother on the basis of general power of attorney, which was revoked on the date when sale deed was allegedly executed---If the transaction could have been executed in the name of somebody else, the position would have been different---There was inter-se connivance of respondents / defendants who were real brothers, just to deprive late father of petitioners / plaintiffs of his property through a sham transaction---Fraud vitiated even solemn proceedings and acts of respondents / defendants stood proof of the fact that their conduct towards execution of sale deed was not above board---To prove a valid alienation it was incumbent upon vendee(s) to establish offer for sale by vendor; acceptance of offer by vendee; payment of amount of consideration and transfer of possession---No proof regarding payment of consideration amount was brought on record by respondents / defendants---High Court in exercise of revisional jurisdiction set aside concurrent findings of facts, and judgments and decrees passed by two Courts below were set aside;…