| Citation(s) |
|---|
| 2008 SLG 1696 2008 SLD 1696 2008 SCMR 805 |
Supreme Court of Pakistan
Civil Petition No.2406/L of 2006, decision dated: 19-12-2006.(On appeal from judgment/order, dated 5-9-2006, passed by the Lahore High Court, Lahore, in Civil Revision No.1700 of 2006)
FAQIR MUHAMMAD KHOKHAR AND CH. IJAZ AHMED, JJ
N.A. Butt, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioners. Nemo for
Respondents
Civil Petition No.2406/L of 2006, decision dated: 19-12-2006.(On appeal from judgment/order, dated 5-9-2006, passed by the Lahore High Court, Lahore, in Civil Revision No.1700 of 2006)
FAQIR MUHAMMAD KHOKHAR AND CH. IJAZ AHMED, JJ
N.A. Butt, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioners. Nemo for
Respondents
AMNA RANI and others
VS
ASHFAQ AHMAD and others
Law:
Section:
Transfer of Property Act (IV of 1882)---S. 54---Constitution of Pakistan (1973), Art.185(3)---Respondents claimed that registered sale deed purportedly executed by the petitioner in favour of his wife, on the strength of a general power of attorney was invalid, fictitious and ineffective qua their rights---High Court as well as first Appellate Court had recorded concurrent findings of fact holding that due execution of the general power-of-attorney as well as the registered sale-deed by petitioner in favour of his wife, was not proved in accordance with law---No misreading or non-reading of evidence was pointed out---Nothing was on record to show that petitioner being general attorney had obtained any permission from the principal for the purposed sale of suit land in favour of his wife---Impugned was plainly correct to which no exception could be taken. ORDER FAQIR MUHAMMAD KHOKHAR, J.--- The respondents instituted a suit against the petitioners claiming therein that their predecessor-in-interest late Mst. Sakina Bibi was owner of the suit-land measuring 1 Kanal and 6 Sarsais. Consequent upon her death the same was inherited by them along with other legal heirs. It was further averred that the registered sale-deed dated 8-6-1999 purportedly executed by the petitioner No.2 in favour of his wife the petitioner No.1 on the strength of a general power of attorney dated 28-5-1999 was invalid, fictitious and ineffective qua their rights. The suit was dismissed by the Civil Judge, Faisalabad vide judgment, dated 14-7-2005. However, their appeal was allowed by the Additional District Judge, Faisalabad vide judgment, dated 28-6-2006 and the suit…
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