| Case ID |
75003f91-33b3-4a8a-8ac8-cd40cbb800ad |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No.639 of 2006 |
| Decision Date |
Feb 11, 2010 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the appeal filed by the defendant, confirming the High Court's decision that the sale-deed and subsequent transactions were void due to the lack of a valid power of attorney. The court emphasized the distinction between void and voidable documents in relation to the Limitation Act, concluding that the relevant limitation period was governed by Article 144, as the transactions were deemed void ab initio. The court found that the onus was on the defendant to prove the validity of the power of attorney, which they failed to do. The previous decisions of the trial court and the High Court were upheld, reaffirming the plaintiff's claims regarding fraud and forgery. |
| Summary |
This case revolves around the cancellation of a sale-deed executed based on a power of attorney alleged to be forged. The Supreme Court of Pakistan addressed critical issues related to the Specific Relief Act and the Limitation Act, particularly focusing on the distinction between void and voidable transactions. The court found that the plaintiff had not appointed the alleged attorney, leading to the conclusion that the sale-deed was void. This ruling highlights the importance of valid documentation in property transactions and the legal ramifications of fraud. The case also underscores the necessity for defendants to substantiate their claims with credible evidence, particularly in matters involving alleged forgery. Legal professionals and property owners should take note of this ruling as it sets a precedent in handling similar disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
TASSADUQ HUSSAIN,
JILLANI,
MAHMOOD AKHTAR SHAHID SIDDIQUI,
KHILJI ARIF HUSSAIN
|
| Lawyers |
Hassan Ahmad Khan,
Khizar Ahbas Khan
|
| Petitioners |
others,
ABDUL REHMAN
|
| Respondents |
others,
GHULAM MUHAMMAD through L.Rs.
|
| Citations |
2010 SLD 2756,
2010 SCMR 978
|
| Other Citations |
Anwar Zaman v. Bahadar Sher 2000 SCMR 431,
Hamida Begum v. Murad Begum PLD 1975 SC 624,
Muhammad Akbar Shah v. Muhammad Yusuf Shah and others PLD 1964 SC 329,
Abdul Majid and 6 others v. Muhammad Subhan and 2 others 1999 SCMR 1245
|
| Laws Involved |
Specific Relief Act (I of 1877),
Limitation Act (IX of 1908)
|
| Sections |
39,
8,
91,
120,
142,
143,
144
|