Law:

Section:

Civil Procedure Code (V. of 1908)-------S. 115---Specific Relief Act (I of 1877), S.42---Revision---Suit for declaration---Both Trial Court and Appellate Court below had concurrently decreed the suit in favour of plaintiff---No illegality or irregularity and misreading and non-reading of evidence as alleged by the defendants, had been demonstrated to have been occurred---Revision petition against concurrent s of the courts below, was dismissed in circumstances. Mst. Bibi Amina v. Ikram Ullah and others 1989 CLC 698 ref. S.M. Jehangir Iqbal Bukhari for Petitioners. ORDER CH. NAEEMMASOOD, J.--- This petition is directed against the judgment and decree dated 21-5-2004, passed by the learned Civil Judge, Chobara whereby the suit filed by the respondents/plaintiffs was decreed and further concurred by the learned District Judge Layyah vide his judgment and decree dated 18-2-2006. 2. The facts in precise of the case are that Din Muhammad respondent No.1, filed a declaratory suit to the effect that he is owner in possession of the land in dispute and the petitioners/defendants have got no concern whatsoever with the same. He also challenged the vires of power of attorney on his behalf in favour of the petitioner No.1/ defendant Ghulam Shabbir, registered on 13-9-1999 and further sale-deed dated 29-5-1999 on the ground of being incorrect and based on fraud and. forgery. The suit, was contested by the petitioners and on the pleadings of the parties, the following issues were framed:--- (1) Whether the general power of attorney Deed No.30 on behalf of plaintiff in favour of the defendant No.1 dated 13-2-1999 is forged, illegal, void, fraudulent and result of impersonation and the Sale-deed No.179 dated 29-5-1999 on the basis of impugned general power of attorney deed is forged, fictitious and ineffective against the right of the plaintiff? OPP (2) Whether the plaintiff has got no cause of action? OPD (3) Whether the plaintiff is estopped by his words and conduct to file this suit? OPD…

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