| Case ID |
3015f33d-54eb-42b3-ab7e-0df71f573774 |
| Body |
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| Case Number |
C.R. No. 1833 of 1998 |
| Decision Date |
Dec 15, 2003 |
| Hearing Date |
Dec 15, 2003 |
| Decision |
The Lahore High Court accepted the appeal, setting aside the judgment of the First Appellate Court. The court ruled that the respondents, who claimed to be beneficiaries of a general power of attorney, failed to produce the original power of attorney and did not provide sufficient evidence to prove its execution. The court emphasized that the onus of proof lies on the respondents since the petitioner denied the execution of the power of attorney and the sale deed. The judgment of the trial court was upheld, and the petitioner's suit was decreed, restoring the original decision in favor of the petitioner. |
| Summary |
In the case at hand, the Lahore High Court dealt with a dispute concerning the execution of a sale deed linked to a power of attorney. Mst. Najma Begum, the petitioner, claimed that the respondents, including Rehmat Ali, executed a sale deed based on a power of attorney that was allegedly fraudulent. The court highlighted the importance of producing original documents to validate claims of property transfer. The ruling underscored the principle that the burden of proof lies with the party claiming a transaction took place, especially when the original documents are not presented. The decision reinforced the legal standards set by previous judgments regarding the execution and validity of power of attorney documents, particularly in real estate transactions. This case serves as a significant precedent in property law, emphasizing the necessity for transparency and proof in property dealings to prevent fraud. It also illustrates the court's role in protecting the rights of property owners against fraudulent claims. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. IJAZ AHMAD
|
| Lawyers |
Mr. Ghulam Sabir,
Ch. Mubashir Nisar Khan
|
| Petitioners |
Mst. NAJMA BEGUM
|
| Respondents |
REHMAT ALI,
22 others
|
| Citations |
2004 SLD 3511,
2004 PLJ 1258
|
| Other Citations |
1984 CLC 2170,
AIR 1964 SC 136,
PLJ 2000 Lahore 1723,
PLD 2003 SC 31,
PLD 1958 SC (Pak.) 104,
PLD 1986 SC 519,
PLD 1983 SC 53,
1988 SCMR 851
|
| Laws Involved |
Transfer of Property Act, 1882,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
54,
41,
17,
79
|