119/2001 Civil Revision Ghulam Mustafa (Applicant) V/S Shafi Muhammad & Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Nazar Akbar
Order Date: 30-SEP-15
Specific Relief Act (I of 1877)--- ----Ss. 8, 12, 42 & 52----Civil Procedure Code (V of 1908), O. XLI, R. 31---Suit for specific performance, declaration, return of articles, mesne profit and injunction---Power of attorney, revocation of---Principles---Judgment in appeal---Plaintiff filed suit claiming that he had obtained possession of suit property after paying substantial part of consideration, but defendant later unlawfully cancelled general power of attorney and illegally took back possession of suit property from tenant of plaintiff and refused to perform his part of sale contract---Both trial court and appellate court decreed the suit on admission of defendant as to execution of sale agreement---Validity---Defendant failed to point out any instance of misreading or non-reading of evidence to show that courts below had come to wrong conclusion---Defendant had admitted execution of contract of sale with plaintiff and handing over possession of suit property on realization of substantial amount and transfer of loan in favour of plaintiff---As suit property was rented out by plaintiff and plaintiff had been paying loan of House Building Finance Corporation, thus there was no justification for defendant to unilaterally cancel power of attorney without notice to plaintiff and fraudulently obtain possession by inducing tenant of respondent---Defendant had not established his defence plea through cogent evidence---Plaintiff, on the other hand, had established by cogent evidence execution of sale agreement and payment of consideration---Power of attorney was not without consideration---Defendant had not made any public notice in newspapers while revoking power of attorney---Defendant failed to prove rescission of sale agreement---Defendant's witnesses were chance witnesses---Tenant of suit property, as witness of defendant, had admitted that he was put in possession of premises by plaintiff---Persons who appeared as witness before Registrar for registration of revocation of power of attorney had not come in witness box---Contents of cancellation deed did not disclose reasons for cancelling power of attorney---Cancellation deed was contrary to terms of power of attorney, which provided that cancellation of same was to be proceeded with no objection certificate from House Building Finance Corporation---Cancellation of power of attorney after receiving entire consideration for executing same was not lawful---Appellate court, while marshalling evidence, had examined all issues framed by trial court and affirmed findings of trial court, which was sufficient compliance of provisions of O. XLI, R. 31 C.P.C.---High Court observed that appellate court was not always required to discuss each issue, unless same was reversed by first appellate court---Defendant had lingered on the matter for last twenty years---Revision petition was dismissed with cost in circumstances.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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