SHAH MADAR KHAN vs TARIQ DAUD Ss — 2024 SCMR 1319 SUPREME-COURT

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SHAH MADAR KHAN VS TARIQ DAUD Ss. 39 & 42---Suit for declaration---Scope---Power of attorney challenged as being a forged document---When registered power of attorney by plaintiff in favour of defendant stood proved, the plaintiff should have challenged such document through filing a suit for cancellation of document under section 39 of the Specific Relief Act, 1877 and not a suit for declaration filed under section 42 of the Act---Petition was converted into an appeal and allowed. Citation Name: 2024 SCMR 1319 SUPREME-COURTBookmark this Case SHAH MADAR KHAN VS TARIQ DAUD S. 42---Suit for declaration---Failure to establish that power of attorney was a forged document---Suit for declaration was filed by respondent/plaintiff claiming that he be declared owner of the suit plot, as the plaintiff never appointed defendants as his attorney nor he transferred the suit property in their favour through any document---Validity---Plaintiff/respondent had not specifically challenged the execution and registration of power of attorney in his pleadings when his case was that he had seen the said document in the office of City Development and Municipal Department---Further plaintiff himself produced the copy of said document as an exhibit and failed to discharge initial onus of negation of the registration of the document---It was very easy and simple for the plaintiff to get his signatures and thumb impression upon the impugned document compared with his sample signatures and thumb impressions but he had not opted to initiate this legal process---In these circumstances, when plaintiff failed to discharge initial onus, no question of shifting of onus upon the vendee/defendant or attorney arose, who had fully supported that he being validly constituted attorney of the plaintiff, sold the plot to defendant No. 3, who was initially not made party to the suit and was subsequently made party and further that defendant No. 3 sold the plot to defendant No. 1, i.e. the present petitioner---Plaintiff also failed to plead and produce evidence that why he had not raised any objection with regard to construction of house by the petitioner/defendant No.1 upon the suit plot---Trial Court had rightly dismissed the suit for declaration filed by the plaintiff/respondent---Petition was converted into an appeal and allowed, impugned judgments of revisional court as well as first appellate court were set-aside and that of Trial Court dismissing the suit was restored.

SHAH MADAR KHAN vs TARIQ DAUD Ss — 2024 SCMR 1319 SUPREME-COURT

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