SADIA SIDDIQUI vs ADNAN ANDALAIB SIDDIQUI S — 2023 CLC 887 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 CLC 887 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: CLC
Parties: SADIA SIDDIQUI vs ADNAN ANDALAIB SIDDIQUI S
Subject matter: Civil
Provisions referred to: S. 202---S; Civil Procedure Code (V of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SADIA SIDDIQUI VS ADNAN ANDALAIB SIDDIQUI S.202---Specific Relief act (I of 1877), Ss.42 & 54---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration and injunction---Rejection of plaint, application for---Irrevocable power of attorney---Effect---Termination of agency having interest of agent in subject-matter--- Plaintiff and defendant / claimant were respectively son and mother inter se--- Plaintiff claimed to be owner of house in question on the basis of oral gift supported by general power of attorney executed by defendant / claimant in his favour---Defendant / claimant sought rejection of plaint on the plea that she had cancelled power of attorney and was the exclusive owner of suit property---Validity---Both parties and their families had been residing in suit property since decades---although lease was in the name of defendant / claimant yet it was to be determined through a proper trial that whether suit property was given to defendant / claimant as her exclusive property or the same was the compensation given to family of deceased through his widow (defendant / claimant), as plaintiff and other children of the deceased were minors at the relevant time---Close relationship existed between parties and plaintiff was real son of defendant / claimant---Conclusion could be arrived at only after the parties had led the evidence, which was still to be done---High Court declined to reject the plaint as onus was on defendant / claimant to show that irrevocable general power of attorney was properly revoked and all subsequent acts and deeds of plaintiff were void ab initio which she had failed to show---application was dismissed, in circumstances.

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