Lahore Development Authority vs Farah Inam arts — 2025 MLD 182 LAHORE-HIGH-COURT-LAHORE

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Lahore Development Authority VS Farah Inam arts.17, 79 & 129(g)---Specific Relief act ( I of 1877) , S. 42---Cancellation of allotment of plots on the basis of fraud and misrepresentation---Suit for declaration---General power of attorney and sale deeds, execution of---Proof---Marginal witnesses, non-production of---Effect---Withholding of evidence---Suit filed by the plaintiffs was dismissed---appeal preferred by the plaintiffs was allowed---Validity---Original allottee stated that she did not execute any general power of attorney and that the sale deeds based on that general power of attorney were forged documents and based on fraud and misrepresentation---Plaintiffs could not rebut that stance through any concrete, solid and trustworthy oral as well as documentary evidence, thus, it was proved that fraud was committed in preparing the files of the plots---General power of attorney was required to be proved by producing the alleged attorney, the scribe, witnesses as well as Sub-Registrar, who registered the said document but all these witnesses were not produced by the plaintiffs---Under art.17 read with art.79 of the Qanun-e-Shahadat, 1984, it was duty of the beneficiaries/plaintiffs to prove the alleged general power of attorney by producing both the marginal witnesses, whereas no marginal witness thereof was produced by plaintiffs in evidence without any reason, thus, they had failed to prove the execution of the alleged general power of attorney as per law---Best evidence of material witnesses was withheld, thus, adverse inference under art.129(g) of Qanun-e-Shahadat, 1984, was drawn against them---Execution of general power of attorney could not be proved, thus, the subsequent transactions on the basis thereof would collapse and would have no sanctity in the eye of law---Vendor/transferor from whom plaintiffs had purchased the plots had no valid title, thus, plaintiffs being subsequent purchasers had to soar and sink with their vendor/transferor and they were debarred from claiming any better title---Plaintiffs had failed to prove the assertions made in the plaint through any unimpeachable and trustworthy evidence---appellate Court did not consider or discuss any oral as well as documentary evidence and by committing misreading and non-reading of record passed the judgment and decree, which suffered from patent illegality and irregularity, thus, the same was set aside---Civil revision was allowed, in circumstances.

Lahore Development Authority vs Farah Inam arts — 2025 MLD 182 LAHORE-HIGH-COURT-LAHORE

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