| Citation(s) |
|---|
| 2008 SLG 1787 2008 SLD 1787 2008 SCMR 1199 |
Supreme Court of Pakistan
Civil Petition No.3173-L of 2000, decision dated: 1st June, 2005.(On appeal from the judgment, dated 11-10-2000 passed by Lahore High Court, Lahore in Civil Revision No.1276 of 1984)
FALAK SHER AND TASSADUQ HUSSAIN, JILLANI, JJ
Ch. Muhammad Yaqoob Sabir, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Petitioners. Nemo for
Respondents
Civil Petition No.3173-L of 2000, decision dated: 1st June, 2005.(On appeal from the judgment, dated 11-10-2000 passed by Lahore High Court, Lahore in Civil Revision No.1276 of 1984)
FALAK SHER AND TASSADUQ HUSSAIN, JILLANI, JJ
Ch. Muhammad Yaqoob Sabir, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record (absent) for Petitioners. Nemo for
Respondents
ZEB ELLAHI alias ZEBA and others
VS
MUHAMMAD RAMZAN and others
Law:
Section:
Specific Relief Act (I of 1877)---S.42---Constitution of Pakistan (1973), Art.185 (3)---Declaration of title---Power of attorney and sale-deed, assailing of---Concurrent findings of fact by two Courts below---Plaintiffs asserted that power of attorney relied upon by defendants was a forged document and sale-deed on the basis of such power of attorney was illegal---Witness produced by plaintiffs stated that plaintiffs did not affix their thumb-impression on power of attorney---In certified copy of disputed general power of attorney, no power was granted to attorney to sell the land---Thumb¬-impressions of plaintiffs were affixed on the first page of general power of attorney and were not available on the remaining pages of the power of attorney---Attorney holder, and transferees were real brothers---Suit dismissed by Trial Court was decreed by Appellate Court and and decree passed by Appellate Court was upheld by High Court---Validity---Concurrent s and decrees of the Courts below were in accord with the weight of evidence led---No illegality or infirmity in the was found warranting interference---No question of law of public importance was raised before Supreme Court---Leave to appeal was refused. ORDER TASSADUQ HUSSAIN JILLANI, J.---Petitioners seek leave to appeal against the judgment dated 11-10-2000 passed by Lahore High Court vide which the judgment and decree dated 26-4-1984 passed by Additional District Judge, Kasur was affirmed in terms of which the declaratory suit filed by respondents Nos. 1 and 2 was decreed. 2. Facts in brief are that respondents Nos.1 and 2 filed a suit for declaration against the petitioners impugning the general power of attorney purported to have been executed on 12-8-1975 in favour of Manzoor Ahmad respondent/defendant No.3 and the sale-deed dated 22-5-1976 made by the attorney on the basis of the afore-referred general power of attorney. It was alleged that the general power of attorney was fraudulent, that the respondents/plaintiffs had not authorized the said attorney to sell the land and that their thumb-impressions were obtained on a blank paper on the pretext that the paper had to be used for redemption of the…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492