Law: Contract Act, 1872

Section: 73,74

Law: Contract Act, 1872

Section: 73,74

Specific Relief Act (I of 1877)-------Ss. 39, 42 & 54---Declaration of title, cancellation of document and recovery of damages---Scope---Grievance of plaintiff was that defendants had fraudulently prepared fake and forged documents in respect of her property and the same caused mental torture to her---Validity---Evidence as to claim of damages / compensation was not conclusive and plaintiff did not lead any evidence as to actual loss suffered by plaintiff---Forgery with the intent to fraudulently depriving plaintiff from her property was fully established against defendants and there was some act of collusion among defendants who should be punished for their illegal acts, failing which they would be encouraged to other unlawful activities in future---Plaintiff would have suffered shock and mentally aggrieved on coming to know about the fraudulent transfer of her valuable property through forgery and sham documents---Plaintiff must have suffered financial losses and damages as the plaintiff was not able to use and enjoy her property and must have lost several lucrative opportunities to sell her property during boom economic periods in addition to the legal costs and expenses for pursuing legal cases against defendants---High Court declared plaintiff as lawful owner of her property and general power of attorney and sale deed prepared by defendants were forged and fabricated documents and the same were cancelled and revoked---High Court burdened the defendants with damages/compensation to plaintiff for committing forgery and preparing fake power of attorney and sale deed with the intent to fraudulently depriving plaintiff from her property---Suit was decreed accordingly. Tasuwar Ali Hashimi and Muhammad Sarwar Shahid for Plaintiff. Nemo for Defendants. JUDGMENT TUFAIL H. EBRAHIM, J.-- The plaintiff has filed this suit for declaration, permanent injunction, cancellation of documents and damages against defendants 1 to 5. Brief facts of the case are that plaintiff claims to be lawful owner of open vacant Plot bearing No.17-B, Street No.10, Gulshan-e-Faisal Cooperative Housing Society Limited (Bath Island) Karachi (hereinafter referred to as a suit plot). The…

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