FAYYAZ-UL-HAQ vs GHULAM NABI (DECEASED) Ss — 2022 MLD 688 LAHORE-HIGH-COURT-LAHORE

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FAYYAZ-UL-HAQ VS GHULAM NABI (DECEASED) Ss.202 & 206---Qanun-e-Shahadat (10 of 1984), Art. 113---Power of attorney, revocation of---Suit for declaration---Petitioners/plaintiffs alleged that they executed general power of attorney in favour of their relative defendant on 09/04/1994 but revoked the same vide revocation deed on 28/09/1994---Respondent/defendant alienated suit property through oral sale mutation dated 30/10/1994 and further exchange mutations were executed qua the same property---Petitioners contended that respondent was not competent to execute sale after revocation of general power of attorney---Suit was concurrently dismissed---Validity---Admittedly, three of the petitioners had not signed the Ibtaal Nama/revocation deed, as such to their extent the said power of attorney was still intact---Power of attorney was issued against receipt of consideration amount of land from attorney and necessary dues were paid and document was got registered as per law and same was liable to be treated as sale deed---Said power of attorney could not be revoked until an adverse declaration was obtained from competent court of jurisdiction---After payment of total consideration amount, respondent became owner of suit property and attorney/respondent was competent to alienate the same, whereas petitioners were not competent to cancel power of attorney after receiving total consideration---Agreement mentioned that the agreement/power of attorney had been executed in favour of respondent, as such the same was admitted, which could not be revoked without issuance of notice/observing procedure of revocation of sale deed---Facts admitted need not be proved---Petitioner's counsel produced documentary evidence which was not a valid tender of documents in evidence---Such documents could not be relied upon as valid piece of evidence and such documents were liable to be excluded from taking into consideration---Revision petition was dismissed accordingly.

FAYYAZ-UL-HAQ vs GHULAM NABI (DECEASED) Ss — 2022 MLD 688 LAHORE-HIGH-COURT-LAHORE

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