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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: SAID MUHAMMAD VS Respondent: MUHAMMAD AKRAM and another
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Dr. Javed Iqbal Title: SAID MUHAMMAD vs MUHAMMAD AKRAM and another Case No.: Civil Petition No,945 of 1981 Date of Judgment:1988-07-30 Reported As: 1989 SCMR 1940 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--The plaintiff in a suit for cancellation of a registered sale-deed, has sought leave to appeal against the dismissal of his civil revision by the High Court. ' According to the learned counsel, the petitioner's plea was that the alleged power of attorney on the basis of which the questioned deed was executed, itself was a forgery. ' The learned trial Judge decreed the suit. On appeal the case was remanded for framing additional issues. The learned trial Court dismissed the suit in the second round. The appeal Court and the High Court having upheld the findings of fact by the learned trial Court, the petitioner has now sought leave to appeal. ' The learned counsel while challenging the findings of fact contended that the testimony of Muhammad Hassan, the attesting witness should not have been relied upon. After hearing him on this and other questions relating to the findings of fact, we feel that they do not suffer from any infirmity. ' Leave to appeal is, accordingly, refused.