Law:

Section:

Power of Attorney Act (VII of 1882)--S. 2---Civil Procedure Code (V of 1908), S.115---Constitution of Pakistan (1973), Art. l85(3)---General power of attorney---Validity---Finding of fact recorded against the petitioner by First Appellate Court and upheld by High Court in exercise of jurisdiction under 5.115, C.P.C. did not appear to be deficient in any measure whatsoever---High Court had found that First Appellate Court had correctly resolved the issue by re-appraising the entire evidence correctly and after taking into consideration all the circumstances had reached the conclusion that general power of attorney was passed by examining Tehisldar/Sub-Registrar, the scribe, the stamp vendor and the marginal witnesses---Both Courts having exercised their jurisdiction rightly Supreme Court declined leave to appeal against the order of High Court. C. M. Latif Rawn and Sh. Naveed Shehryar, Advocates Supreme Court instructed by S. Abul Aasim Jafri, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 14th December, 1999. ORDER CH. MUHAMMAD ARIF, J.---Leave to appeal is sought against judgment dated 1-7-1998 passed by a learned Judge in Chambers of the Lahore High Court, in R.S.A. No.83 of 1978 whereby the judgment of the 1st Appellate Court accepting the appeal against the judgment and decree of the trial Court dated 16-1-1971 was reversed and the suit of the plaintiff­ Gehna remained dismissed. 2. A brief resume of the facts is that one Gehna filed a suit for declaration and consequential 'relief claiming title to land measuring 98 Kanals, 15 Marlas situated in village Kohluwala, Tehsil and District Gujrat. He, in fact, made a challenge to the Power of Attorney Exh. D/1 dated 20-10-1966 favouring respondent-Muhammad Din as also to a Registered Sale Deed dated 25-10-1966 Exh. D/2-based upon Exh.D/1. His case in the plaint was that he was tricked into the execution of the Power of Attorney on the pretext that only 11 Kanals of his mortgaged land will be got redeemed through the said Exh.D/1. 3. The suit was contested by the vendees and the general attorney and after trial the same was decreed by the trial Court vide judgment and decree dated…

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