Law: Qanun-e-Shahadat (10 of 1984)

Section: 72,117,120

Law: Specific Relief Act, 1877

Section: 12

Law: Constitution of Pakistan, 1973

Section: 185,185(3)

(a) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 72, 117 & 120---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by Supreme Court to consider; whether onus to prove execution of power of attorney, in view of plea raised by -Respondents that though a document was written as power of attorney but the same related to only obtaining land on behalf of deceased allottee from Government and not to sell the land, continued to be on plaintiff to prove its execution as the same had shifted to -Respondent who had taken a plea contrary to the contents of the document. (b) Interpretation of document--- ----Document must be read as a whole. Mian Nawaz Sharif's case PLD 1993 SC 473; Hakim Ali's case PLD 1992 SC 595 and Reference by the President PLD 1957 SC 219 rel. (c) Specific Relief Act (I of 1877)--- ----S. 12---Qanun-e-Shahadat (10 of 1984), Arts.72, 117 & 120---Constitution of Pakistan (1973), Art.185---Contents of document---Onus to prove---Concurrent findings of fact by the courts below---Plaintiff alleged that attorney appointed by predecessor-in-interest of defendants had lawfully entered into agreement to sell the suit-land to plaintiff---Defendants denied such stance and contended that no power to sell the land was given to attorney in general power of attorney---Suit was dismissed by Trial Court and Lower Appellate Court as well as by High Court in exercise of appellate and revisional jurisdiction respectively, maintaining the judgment and decree passed by Trial Court---Validity---Reading general power of attorney as a whole, it was clear that attorney was not authorized by predecessor-in-interest of defendants to sell land in question---All the courts below had given finding of fact against plaintiff that he had failed to prove contents of general power of attorney through reliable evidence on record in terms of law laid down by Supreme Court---Plaintiff being the beneficiary was obliged to prove contents of general power of attorney to the extent that attorney was duly authorized by predecessor-in-interest of defendants to sell land in question---Judgment passed by High Court in exercise of revisional jurisdiction was in…

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