Law:

Section:

(a) Constitution of Pakistan (1973) -- Art. 199-Writ jurisdiction-Finding of fact-Finding that B had appointed C as his attorney-A finding of fact, hence, not open to interference in writ jurisdiction.-[Finding of fact]. (b) Approbation and reprobation -- Attorney-Persons cannot be permitted to own such actions of their attorney as suit them and disown such actions as do not suit them.[Attorney]. JUDGMENT Syed Asghar Ali Shah predecessor of the petitioners and respondent No. 6 was in possession of a residential house No. 742, Ward No. 5, Old Mandi Pattoki, District, Lahore since 1947. He was a local. In 1957, he was convicted for an offence under section 302, P. P. C. and sentenced to life imprisonment. He was, therefore, in jail when settlement operations had commenced in the year 1959. Respondent No. 6 Syed Muhammad Mahdi Shah as attorney of his father, filed an LH form for the transfer of the said house. Alongwith this form, he had also filed a declaration of eligibility which, too, was signed by respondent No. 6. He was found entitled to the transfer of the house under the law. It appears that respondent No. 6, acting as attorney of his father agreed to surrender all rights in the house in favour of respondents Nos. 4 and 5 on payment of the transfer price out of their compensation books. Necessary documents were drafted on or about 29-4-1960. An agreement of association on a proper stamp paper alongwith an affidavit and an application signed by respondent No. 6 on 28-4-1960, were filed in the office of the Deputy Settlement Commissioner for giving effect to this agreement. The affidavit filed inter alia contained recital to the following effect: The papers were processed in the office. On 24-5-1960, a Settlement Inspector recorded a note on the application to the effect that the house is in possession of Syed Asghar Ali Shah who was undergoing sentence in Jail. Form had been filed on his behalf by his son Syed Muhammad Mahdi Shah. He has entered into an agreement of association with the two respondents surrendering rights in the house in their favour. The power of attorney in favour of Syed Muhammad Mahdi Shah by his father Syed Asghar Ali Shah is…

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