Law:

Section:

Contract Act (IX of 1872)--- ----Ss. 238, 201, 182 & 203---Qanun-e-Shahadat (10 of 1984), Arts. 72, 117 & 120---Constitution of Pakistan (1973), Art. 185(3)---Cancellation of general power of attorney and sale deed---Plea of fraud and misrepresentation---Onus to prove---Concurrent findings of fact by the Courts below---Sale on the basis of general power of attorney was assailed by -the plaintiff on ground that the same' was the result of misrepresentation and fraud---All the Courts had recorded concurrent findings of fact that the power of attorney was duly executed by the plaintiff in favour of the defendant---,Validity---Onus of proof of the non­ execution of the general power of attorney and subsequent registered sale-deed was on the plaintiff who failed to discharge the same-No effort was made by the plaintiff to cause the production of the original power of attorney neither did he take any exception in that regard--­Supreme Court declined to take any exception to the findings of fact recorded by all the Courts below---No substantial question of law of public importance being involved so as to warrant any interference by Supreme Court---Leave to appeal was refused. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---The petitioners seek the grant of leave to appeal from judgment, dated 7-1-2002 passed by. the Lahore High Court, Lahore in Civil Revision No.427/D of 1991. 2. Briefly stated, the- facts of the case are that late Mughla, predecessor-in-interest of the petitioners, instituted a suit for declaration with consequential relief of permanent injunction against respondent No. 1 that he was the owner in. possession of the suit-land and the General Power of Attorney purported to have been executed by him in favour of respondent No. 1 was forged, fictitious, collusive obtained by fraud and the same was liable to be cancelled. He further sought a declaration that the subsequent sale-deed, dated 5-8-1979 for the sale of the suit-land, on the strength of the General Power of Attorney, in favour of respondents Nos.2 to 5 was also void,…

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