Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Constitution of Pakistan (1973), Art. 185(3)---Suit for declaration with prayer for consequential relief---Dismissal---Validity---Courts below had concurrently found that plaintiff was not in possession of land in question---Suit for declaration with prayer for consequential relief by plaintiff not in possession was not maintainable---Petitioner's suit being not maintainable, petition for leave to appeal against such finding of High Court was liable to be dismissed on that score alone---Courts below had on basis of material on record concurrently found that registered power of attorney, execution whereof was admitted by plaintiff did not suffer from forgery and was genuine document by which plaintiff had authorised his attorney to sell land in question to defendant---Power of attorney did not require attestation, therefore, there was no need to produce attesting witnesses---Such point, however, having not been raised before High Court could not be raised before Supreme Court---Courts below having applied their conscious mind to relevant evidence and having appreciated evidence in accordance with law, no infirmity was apparent in impugned ---Leave to appeal was refused in circumstances. ORDER MUHAMMAD MUNIR KHAN, J.- -This petition directed against the order dated 13-12-1993 of the Lahore High Court, Lahore arises from the facts that on 23-2-1991, Sajawal petitioner filed a suit against Mst. Saubia Hamid and Ghulam Hayder respondents for declaration to the effect that the sale of land in dispute by Ghulam Hayder respondent No.2 in favour of Mst. Saubia Hamid respondent No.1 was illegal, void and ineffective upon his rights, in the Court of Civil Judge, Toba Tek Singh, averring that he was the owner of the land in dispute and although he had not authorized Ghulam Hyder in the Power of Attorney executed by him in his (Ghulam Hayder's) favour to sell the land yet he, on the strength of manipulation with the collusion of the Deed Writer in the Power of Attorney, had sold the land to Mst. Saubia Hamid which was illegal and void. The suit was resisted. Averments in the plaint were denied. Mst. Saubia also raised the plea…

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