Law:

Section:

Contract Act (IX of 1872)--S. 188---Qanun-e-Shahadat (1V of 1984), Art. 129, illus. (g)---Constitution of Pakistan (1973), Art. 185(3)---Pardanashin lady---Sale in favour of defendants by person purported to be holding power of attorney on behalf of Pardanashin lady (plaintiff)---Plaintiff's suit to avoid such Sale.deed was dismissed by Trial Court as also by First Appellate Court-.-High Court in second appeal, however, decreed plaintiff's suit---Validity---Power of attorney on basis whereof sale-deed was executed and registered in favour of defendant was not produced---Presumption against defendants could legitimately be drawn that had the said document been produced, same would have gone against defendants---In such context plea of plaintiff that only the power to manage property was granted to the attorney would assume importance---Notice having been given and citation in newspapers having been issued as to revocation of power of attorney, defendants (vendees) should have assured themselves that property in question was being sold with knowledge and free consent of illiterate village woman ---Vendees and plaintiff belonged to same village, therefore, had such transaction been entered bona fide, prudence required that defendants would have directly contacted plaintiff to know her willingness to part with property---Appraisal of evidence and conclusions drawn by High Court were well founded which called for no interference---Leave to appeal to Supreme Court was refused in circumstances. Malik Riaz Ahmed and others v. Mian Inayat Ullah and others 1992 SCMR 1488 and Fida Muhammad v. Pir Muhammad Khan through Legal Heirs and others PLD 1985 SC 341 rel. M .A. War, Advocate instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners (in C. P. No. 1503-L of 1996). Ch. Muhammad Saleem, Advocate instructed by Tanvir Ahmed, Advocate-on-Record for Petitioners (in C.P. No. 1530-L of 1996). Walayat Umer Chaudhry, Advocate-on-Record (absent) for Respondent No. l (In C. Ps. Nos. 1503-L and 1530-L of 1996). Date of hearing: 12th March, 1997. ORDER KHALIL-UR-REHMAN KHAN, J.---This order will dispose of two Civil Petitions for Leave to Appeal No.1503-L of 1996 and…

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