2009 YLR 466 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ASLAM VS BOARD OF REVENUE, SETTLEMENT AND REHABILITATION SINDH, KARACHI 1973 SCMR 441, 1991 CLC 481, 1998 SCMR 948, 2003 SCMR 870, PLD 1988 SC 734, PLD 1989 Kar. 94, PLD 2001 SC 499, Civil Procedure Code --Order VII of C.P.C. Plaint--11 , Contract Act 1872--211 , Specific Relief Act 1877--42 , S.42---Contract Act (IX of 1872), S.211---Civil Procedure Code (V of 1908), O. VII, R.11---Rejection of plaint---Cause of action, absence of---Filing of plaint--Invalid power of attorney---Effect---Plaintiff was tenant in suit property and had been evicted from the same in execution of ejectment order passed against him by Rent Controller---Plaintiff contested ejectment proceedings through attorney who was appointed through special power of attorney---Plaintiff through same attorney assailed title of defendants over suit property---Validity---Special power of attorney filed along with suit showed that power of attorney had come to an end as it was executed by plaintiff in favour of his agent for specific and limited purpose and the same had come to an end on the day when possession of the property in question was delivered to defendant through process of Court---Plaintiff did not assign any fresh power to his attorney to sign, verify and present the plaint before court on fresh cause of action and as such suit filed by attorney of plaintiff was not presented properly and was without any power to agent to file suit--Plaintiff did not even possess any legal character against defendants to maintain suit under S.42 of Specific Relief Act, 1877, as relationship of landlord and tenant had already come to an end between the parties---After eviction of plaintiff from suit property, plaintiff did not possess any legal status in the property---Suit filed by plaintiff was neither properly presented nor maintainable under S.42 of Specific Relief Act, 1877---Plaint was rejected in circumstances.