Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Civil Procedure Code (V of 1908)

Section: 115

Specific Relief Act (I of 1877)-------S. 42---Suit for declaration---Plaintiff had alleged that defendant on basis of power-of-attorney obtained from him fraudulently sold house of plaintiff in favour of his wife vide registered sale-deed and wife of the defendant further sold the house to present petitioner/vendee vide registered sale-deed---Plaintiff sought declaration that said sale deeds were without lawful authority---Plaintiff who was employed with defendant, was a blind and illiterate man and he had given power-of-­attorney to defendant only for pursuing the case in the High Court pending between plaintiff and other residents of the house in question---Plaintiff had never authorized the defendant to sell his house---Original power-of-attorney was not produced and plaintiff was never confronted with the same---Plaintiff was not told that attorney had agreed to sell the house to defendant and had received amount by way of consideration---No evidence, whatsoever, was led to the effect that plaintiff had executed the power-of-attorney containing the power to alienate; and that power-of-attorney was read over to plaintiff and he thumb marked the same after understanding its contents---No reason was forthcoming as to why the agreement to sell and the receipts which were alleged to have been executed by the plaintiff were not produced and proved---Case was of no evidence and no plea was raised to the effect that defendant consulted plaintiff before proceeding to transfer his property to his wife---Where an attorney intended to transfer the property of his principal to his close relative, he had to consult him---Appellate Court below, had rightly decreed the suit---No ground having been made out for interference with impugned and decree, revision filed against the same, was dismissed. Syed Ijaz Qutab for Petitioner. Abdul Rauf Farooqi for Respondents. Date of hearing: 21st January, 2008. JUDGMENT MAULVI ANWARUL HAQ, J.---On 6-7-1986 Ahmad Din, predecessor-in-interest of respondents Nos.1 to 5 (hereinafter to be referred to as plaintiff) filed a suit against Sharif Ahmed predecessor-in-­interest of respondents Nos.6 to 10 and Mst. Surraya Begum wife of said…

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