Maulvi ABDUL AZIZ KHAN vs Mst. SHAH JAHAN BEGUM AND 2 OTHERS — 1971 PLD 434

Citation: 1971 PLD 434

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-03-31

Parties: Maulvi ABDUL AZIZ KHAN vs Mst. SHAH JAHAN BEGUM AND 2 OTHERS

Headnotes

Case cited as PLD 1971 Supreme Court 434

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: Maulvi ABDUL AZIZ KHAN vs Mst. SHAH JAHAN BEGUM AND 2 OTHERS Case No.: Civil Appeal No, 209 of 1970 Date of Judgment:1971-03-31 Reported As: PLD 1971 Supreme Court 434 Result: Appeal dismissed JUDGMENT JUDGMENT WAHIDUDDIN AHMAD, J.--This appeal by special leave is directed against the order of the High Court of West Pakistan, Lahore, in Civil Revision No, 438 of 1970, dated the 28th May 197J. By this order, a learned Single Judge of the High Court dismissed the revision petition filed by the appellant in limine. It has arisen in the following circumstances:-- The dispute between the parties is in respect of the land allotted to respondent No, 1 against the Produce Index Units inherited by her from her brother Nawab Muhammad Shamshad Ali Khan. The appellant's case is that respondent No, 1 entered into an agreement of sale in respect of this property and appointed and constituted respondent No, 2 as her general Attorney to complete the sale. It is alleged that on the basis of these documents, mutation was entered and sanction was accorded in favour of the appellant at the instance of respondent No, 1 through her general Attorney, respondent No, 2. Respondent No, 1 challenged this agreement and filed a suit for declaration that the alleged agreement, the general power of attorney and mutation of sale were illegal and void as they were obtained by fraud and…

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