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HUSSAIN AHMED vs PROVINCE OF SINDH through Secretary/Senior Member Board of Revenue Sindh Ss — 2024 CLC 428 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 428 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
HUSSAIN AHMED vs PROVINCE OF SINDH through Secretary/Senior Member Board of Revenue Sindh Ss
Subject matter
Criminal
Provisions referred to
S. 43; Specific Relief Act

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

HUSSAIN AHMED VS PROVINCE OF SINDH through Secretary/Senior Member Board of Revenue Sindh Ss. 42, 43 & 54---Suit for declaration and injunction---Declaratory decree---Applicability---Concurrent findings of facts by two Courts below---Applicants on the basis of power of attorney in their favour claimed their right in suit property---Trial Court decreed the suit against the person who executed power of attorney in favour of applicants---Judgment and decree passed by Trial Court was maintained by Lower Appellate Court---Plea raised by applicants was that judgments and decrees were not binding on them as they were not party to the suit---Validity---No judgment and decree, by virtue of S.43 of Specific Relief Act, 1877, passed in a suit would be binding on a person unless such person is a party to the suit or is claiming through any party to the suit---Claim of applicants was based on having acquired right in suit land by way of a registered sale deed through power of attorney which had been declared as illegal, forged and fabricated in judgment and decree passed by Trial Court, therefore, the decree was binding on applicants---High Court declined to interfere in concurrent findings of facts by two Courts below as the same did not suffer from jurisdictional defect nor there was any infirmity or illegality---Revision was dismissed in circumstances.

Other judgments reported in 2024 CLC

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