Law: Specific Relief Act (I of 1877)

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Dispute relating to ownership of shops in question and business being carried on in said shops---Plaintiff's statement in Court that he, out of his own funds, had purchased those shops and had set up business therein,  had  gone  unrebutted,  in  so  far  as  no cross-examination on that point was conducted in spite of opportunity having been offered to defendant---Defendant had produced no evidence in support of his assertion that he was the owner of property. in question nor produced any document in support of his plea---Plaintiff's plea that he had not appointed defendant as his attorney, had gone unrebutted-- Defendant, thus, had got power of attorney in question in fraudulent manner by getting the same stamped and attested---Oral as also documentary evidence produced by plaintiff clearly established that plaintiff had supplied funds for purchase of property in question out of his own pocket and that defendant had fraudulently purchased some property in his own name---Conveyance deed executed by one of defendants (vendor) in the name of original defendant being void, he was directed to produce the same for cancellation---Plaintiff was true and lawful owner of property in question and was entitled to registration of such property in his own name by defendant (vendor) --Plaintiff'. suit was decreed in circumstances.   G.M. Ibrahim for Plaintiff. Moeen Azhar for Defendant No.3. Date of hearing: 5th June, 1998. JUDGMENT Brief facts, as stated in the plaint, giving rise to the filing of this suit. are that the plaintiff who was employed at Muscat and Kuwait for many years wanted to establish his business in Pakistan. After complying necessary formalities he imported machinery for setting up a colour photo processing _ laboratory at Karachi. Since the plaintiff was employed abroad, he approached his friend, defendant No.2, to assist him in establishing and running the aforesaid business. In order to provide finance in Pak Rupee for setting up the aforesaid business, the plaintiff had authorised the defendant No.2 to operate his current Bank Account No. 18063 at…