Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 39 & 42---Suit for declaration and cancellation of power-of-­attorney---Suit sought declaration of title and also prayed for cancellation of power-of-attorney allegedly executed by plaintiff and an exchange deed executed by the attorney in favour of defendant---Plaintiff alleged in the plaint that she had agreed to sell suit-land to another person and had also delivered possession to him and that subsequently attorney and the person in favour of whom the alleged exchange deed was executed, fabricated power-of-attorney and entered into fraudulent exchange as recorded in the exchange-deed---Alleged attorney of plaintiff having died, his legal representatives in their written statement did not challenge right of plaintiff to the decree prayed for by her---Both courts below non-suited the plaintiff on the short ground that-the person to whom, she had agreed to sell property should have filed suit for specific performance---No outstanding dispute existed between said person and the alleged attorney of the plaintiff---Plaintiff was entitled to cancellation of Power-of-Attorney and exchange-deed; her suit to that extent was decreed---Relief sought by plaintiff seeking specific performance had already been withdrawn by her through a statement made before Appellate Court---Revision was allowed and suit of plaintiff was decreed---Power-of-Attorney and exchange-deed were ordered to be cancelled. Malik Noor Muhammad Awan for Petitioner. Arshad Malik Awan for Respondent No.3. L.Rs. of Respondents Nos.1 and 2: Ex parte. Date of hearing: 18th October, 2006. JUDGMENT JAWWAD S. KHAWAJA, J.--- Mst. Ishrat Alia petitioner/ plaintiff and Hafiz Ayyub Ismail (respondent No.3) filed a suit seeking declaration of title and also prayed for cancellation of a power of attorney dated 6-12-1994 allegedly executed by Mst. Ishrat Alia in favour of Muhammad Akram (respondent No.2) and an exchange-deed dated 18-12-1994 executed by Muhammad Akram as attorney of Ishrat Alia in favour of Muhammad Ashraf deceased (respondent No.1) (now represented by his L.Rs.). It was alleged in the plaint that on 16-3-1983, Ishrat Alia had agreed to sell the…

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