Law: Qanun-e-Shahadat (10 of 1984)

Section: 72,76

Law: Specific Relief Act, 1877

Section: 42

(a) Qanun e Shahadat (10 of 1984) Arts. 72 & 76 Document, proof of Secondary evidence Contents of power of attorney Proof Original power of attorney was in the custody of the attorney and after' his death the same went into the custody of his legal heirs Defendants/legal heirs denied possession of the original power of attorney and failed to produce the same in that Trial Court Effect Where original power of attorney was not produced, such document could be proved by secondary evidence under the provisions of Arts. 72 & 76 of Qanun-e- Shahadat, 1984. (b) Qanun e Shahadat (10 of 1984) Art. 72 Document, poof of Allegation of fraud Rebutting contents of document by oral evidence Validity Where there was allegation of fraud, contents of document be rebutted by oral evidence. (c) Specific Relief Act (I of 1877) S. 42 Suit for declaration tower o attorney, misuse of Concurrent finding of both the Courts below Suit property owned by plaintiff was transferred by the attorney favour of his sons Contention raised by the plaintiff was that the attorney was not authorised to transfer the property but by forgery authority of alienation of suit property was entered in the disputed power of, attorney Both the Courts below concurrently decreed the suit of the plaintiff Validity Alienation of the property by attorney in favour of his sons on the basis of the power of attorney executed in his favour was not sustainable at law Concurrent findings of both the Courts below were well reasoned and High Court refused to interfere with such findings. Fida Muhammad v. Pir Muhammad Khan through Legal Heirs and others PLD 1985 SC 341; Mst. Shumal Begum v. Mst. Gulzar Begum and 3 others 1994 SCMR 818 and Haji Faqir Muhammad and others v. Pir Muhammad and another 1997 SCMR 1811 fol. THIS JUDGMENT DELIVERED BY: DR. MUNIR AHMAD MUGHAL, JUSTICE---.--- The petitioner seeks revisal of impugned order passed by the learned Additional District Judge, Toba Tek Singh, on 18 6 1999, whereby the judgment and decree dated 11 2 1999, passed by learned Senior Civil Judge, Toba Tek Singh in favour of the respondents was confirmed. 2. The background of the case is that respondent Muhammad Hussain…

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