MUHAMMAD ANWAR vs Mst — 2021 CLC 1707 PESHAWAR-HIGH-COURT

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MUHAMMAD ANWAR VS Mst. BAHRAWAR SULTANA Ss.8, 42 & 54---Qanun-e-Shahadat (10 of 1984), Art.79---Suit for possession through partition, declaration and permanent injunction---Proof of execution of document required by law to be attested---Plaintiffs sought declaration that alienation of suit-house through alleged registered sale-deeds on the basis of registered power of attorney was wrong---Alleged Attorney (one of the defendants) got alienated suit-property in favour of his mother (another defendant) through registered sale-deeds on petty sale-consideration---Trial Court decreed the suit of the plaintiff/petitioner, however, Appellate Court dismissed his suit while allowing appeal of the defendants/respondents--Held, the respondents had produced as many as eleven witnesses but most of them were relatives inter se, however, one independent witness (marginal witness of all documents) was not produced without any reason given by them---When the petitioner/plaintiff had challenged the power of attorney, the agent (respondent/defendant) was required to prove not only the authenticity of document but also that before transferring the property of principal, he got special permission from the principal, in the circumstances especially when the attorney was transferring the property to his near and dear i.e. his mother (respondent/defendant), while one marginal witness of said deed was his own brother led to the conclusion that all the respondents/defendants collusively, fraudulently and deceitfully managed/prepared the power of attorney and sale-deeds---Property of principal having been transferred against a petty amount(Rs.120,000/- as sale-consideration) for a constructed house, and there was no independent proof that even the said amount was ever transferred to the principal by the attorney, in such eventuality, the transaction would suffer from inherent defect of being contrary to the law and authority of the Attorney---Said deed of Power of Attorney revealed that it was general in nature authorizing the attorney to deal in the property in all manners but before making any transfer the special permission of the principal was pre-condition; secondly that the sale-consideration must have been paid to the principal---Attorney would require prior permission, approval and consent of the principal when he wanted to transfer the property to his close relatives, whereas , in the present case, no evidence was available for such permission ---Payment of sale consideration to the principal through cogent and confidence inspiring evidence was also lacking---Findings of the Appellate Court, dismissing the suit of the petitioner while allowing appeal of the respondent, were not according to the law---Judgment and decree passed by the Appellate Court was set aside and the suit of the petitioner/plaintiff was decreed, in circumstances---Revision petition was allowed, in circumstances.

MUHAMMAD ANWAR vs Mst — 2021 CLC 1707 PESHAWAR-HIGH-COURT

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