Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----O.XLI, R. 31---Judgment in appeal--;Validity---Perusal of rendered in appeal showed that Appellate Court had discussed relevant evidence and all the points in issue, therefore, substantial compliance with provision of O.XLI, R.31, C.P.C. having been made same could not be deemed to be in violation of said provision---Judgment in appeal was, thus, valid and maintainable. (b) Power of Attorney--- ---- Validity of acts under power of attorney---Attorney alienating his principal's property in favour of his own sons and depriving principal's heirs---Where on the basis of a deed of power of attorney any sale-deed was executed by a father (attorney) in favour of his sons, it could not be upheld unless and until it was established on record that same had taken place with the consent of the principal (owner)---High Court taking judicial notice of the values prevailing in village society according to which if there was an old man having no male issue (as in the present case) paternal-relations (attorney, a real brother of his principal) make every effort to gab his property so that the female heirs could be deprived of the same---Person holding power of attorney being real brother of alleged principal (alienor) appeared to have been bent upon to deprive the expected heirs of his brother, who were widow and daughter of the principal (alleged alienor) from inheriting the property in question---Transaction in question, therefore, appeared to be sham transaction, void and even without consideration for no evidence had been brought on record that amount of consideration was ever paid to the principal. Wali Muhammad v. Muhammad Ibrahim and others PLD 1989 Lah. 440 and Fida Muhammad v. Pir Muhammad Khan (deceased) through Legal Heirs and others PLD 1985 SC 341 rel. (c) Power of Attorney--- ---- Acts done under power of attorney without knowledge and consent of the Principal---Validity---Person holding power of attorney on behalf of his principal selling land in question, owned by such principal in favour of his own sons without his knowledge and consent---Such transaction being without knowledge and consent of such principal was sham…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492