Law: Specific Relief Act (I of 1877)

Section: 39 . 42

Law: Contract Act (IX of 1872)

Section: 188, 214

Law: Qanun-e-Shahadat (10 of 1984)

Section: 17, 79, 80, 129(g)

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Specific Relief Act (I of 1877)  Ss.39 & 42---Contract Act (IX of 1872), Ss.188 & 214---Qanun-e-Shahadat (10 of 1984), Arts.17, 79, 80 & 129(g)---Suit for cancellation of general power of attorney and subsequent mutations along with declaration of inheritance rights by the widow---General attorney selling land to his real brother---Legality---Permission of principal, requirement of---Execution of general power of attorney, dispute over--- Proof---Onus---Beneficiary of the power of attorney had to prove its validity---Production of two attesting witnesses, requirement of---Non-production, consequences of--- GN was the original owner of land and had two wives, SB and NB ---From his first marriage with SB respondent/plaintiff and respondent /defendant were born, while from his second marriage with NB petitioners Nos.2 to 5/defendants were born--- GN passed away in 2006---During the process of inheritance, the husband of SB (respondent/defendant) discovered that before GN s death, some land had already been transferred through sale and gift mutations by petitioner No.2/defendant while acting as attorney of his father GN , in favour of his brother i.e. petitioner No.3/defendant--- SB then filed a suit seeking cancellation of these transactions and declaration of her inheritance rights---Issue was centered upon whether the mutations in question were against law and facts having been passed with connivance of revenue authorities; whether plaintiff was entitled for decree for declaration along with consequential relief and whether power of attorney in favor of petitioner No.2 was bogus and ineffective ?---Held: Respondent/ plaintiff by producing trustworthy, reliable oral as well as documentary evidence substantially proved her case as per law---At the same time the burden to prove the execution of alleged power of attorney as well as valid incorporation of gift deed and sale mutations in question was shifted upon the petitioners/defendants to prove the validity of the said testimonies---The entire lis hinged upon the proof and validity of the power of attorney and the beneficiary of alleged power of attorney was required to prove the validity and…