Law: Specific Relief Act, 1877

Section: 42,54

Law: Contract, Act, 1872

Section: 182,202

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Contract Act (IX of 1872), Ss.182 & 202---Declaration of title---Principal and attorney---Sale by attorney in favour of his brother---Plaintiffs executed general power of attorney in favour of defendant, who sold suit-land to his real brother---Plaintiffs assailed the transaction on the ground that it was sham transaction---Trial Court having round the power of attorney as genuine dismissed the suit---Appellate Court also found the power of attorney as genuine but allowed the appeal and decreed the suit in favour of plaintiffs only for the reason that defendant and purchaser were brothers---Validity---Only for the reason that sale had been made to the brother by defendant per se could not be held to be invalid and defendants were required to lead some evidence in such behalf---Plaintiffs failed to establish as to why the power of attorney was given to defendant, when there was no close relationship between them---Power of attorney was primarily assailed but was declared by two courts below to be genuine---Validity of sale in question was dependent on the validity of power of attorney, with regard to which plaintiffs had failed---It was not the case of plaintiffs that power of attorney was given to their agent and purchaser had committed some fraud with them---Plaintiffs sold the property to defendant and his brother and power of attorney was given for that purpose---Such fact was proved by the statements of witnesses produced by defendant who appeared to testify about the sale of the property to defendant and his brother---Appellate Court while deciding the matter committed an error of jurisdiction, which and decree could not be sustained and was set aside with the result the and decree passed by Trial Court was restored---Revision was allowed in circumstances. PLD 1989 Lah. 440; PLD 1985 SC 341 and 1994 CLC 1690 ref. THIS JUDGMENT DELIVERED BY: MIAN SAQIB NISAR, J.--- The suit for declaration and permanent injunction brought by the respondents/petitioners was dismissed by the learned Trial Court, vide judgment and decree, dated 4-3-2000; but on appeal of the respondents such judgment and decree has…

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