Case Details

Citation(s)
2001 SLG 1519 2001 SLD 1519 2001 SCMR 1488
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1084-L of 2000, decision dated: 6-11-2000
MUNIR A. SHEIKH AND MIAN MUHAMMAD AJMAL, JJ
M. Shamshir Iqbal Chughtai, Advocate Supreme Court for Petitioner. Ch. Attaullah, Advocate Supreme Court for
Respondents

ABDUL RAHIM-

VS

MUKHTAR AHMAD and 6 others

Law:

Section:

(a) QanuneShahadat (10 of 1984) Art.3EvidenceRelationship of witnessValidityEvidence of such witness cannot be brushed aside only because of his relationship, if otherwise it is disinterested and credible. (b) Contract Act (IX of 1872) S.202Power of attorney in lieu of considerationSelling the property subjectmatter of the power of attorney to a person closely related to the attorney without consulting the principalValidityWhere the power of attorney was issued after receipt of any consideration from the attorney, principle laid down by Supreme Court in case titled Faqir Muhammad v. Pir Muhammad reported as 1997 SCMR 1811, was not applicable. Faqir Muhammad v. Pir Muhammad 1997 SCMR 1811 distinguished. (c) Contract Act (IX of 1872) S.202Civil Procedure Code (V of 1908), S.115Constitution of Pakistan (1973), Art. 185(3)RevisionConcurrent findings of fact by two Courts belowIrrevocable power of attorneyAttorney having interest in the propertyGeneral Power of Attorney was executed in lieu of considerationSaledeed was executed by the Attorney without consulting. the principal and the saledeed was assailed by the principal in civil suit which was decreed by the Trial CourtAppellate Court reversed the judgment of the Trial Court and the suit was dismissedHigh Court, in exercise of revisional jurisdiction, declined to interfere with the findings of Appellate CourtValidityWhere the principal had received certain payment and executed the Power of Attorney, such Power of Attorney was irrevocableSupreme Court declined to interfere with the concurrent findings of two immediate Courts below on the pure question of fact as the same did not suffer from any misreading or nonreading of any material piece of evidenceLeave to appeal was refused. Shumal Begum v. Gulzar Begum 1994 SCMR 818 and Faqir Muhammad v. Pir Muhammad 1997. SCMR 1811 distinguished. JUDGMENT MUNIR A. SHEIKH, J. This petition for Leave to Appeal is directed against the judgment of the Lahore High Court, Multan Bench, Multan dated 2032000 through which Civil Revision No.436D of 1986 filed by the -Petitioner has been dismissed. 2. The suit filed by the -Petitioner challenging the validity of the power of attorney…
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