' AMIN-UD-DIN KHAN, J. --- Through this civil revision petitioners-defendants have challenged the judgment & decree dated 15.10.2003 passed by the learned Additional District Judge, Khanewal whereby appeal filed by the respondents-plaintiffs was accepted and the judgment & decree dated 18.12.2000 passed by learned Civil Judge, Khanewal dismissing the suit was reversed.
2. Brief facts of the case are that plaintiffs-respondents on 4.10.1992 filed a suit for declaration that plaintiffs are legal heirs of Ghulam Din son of Banna/father of the plaintiffs and their issue less sister Mst. Wazir Khatoon. They challenged two power-of-attorneys in favor of defendant No. 1, who is their brother and various mutations of transfer of the suit property in favor of defendants including sons of defendant No.1. Written statement was filed. Suit was contested. Learned Trial Court framed the issues, invited the parties to produce their evidence. Both the parties produced their respective oral as well as documentary evidence. Learned Trial Court vide judgment & decree dated 18.12.2000 dismissed the suit. Appeal was preferred and the learned first Appellate Court vide judgment & decree dated 15.10.2003 accepted the appeal to the extent of property subject-matter of suit, situated at Khanewal, only. Hence, this civil revision by the defendants/judgment-debtors.
3. Learned counsel for the petitioners-defendants argues that power-of-attorneys have not been totally denied. It was the case of the plaintiffs that same were given for administration of the property owned by the plaintiffs whereas the claim of the petitioners that same were given with full powers to transfer the property of the principal, therefore, the transactions made by the agent are valid one and argues that findings recorded by the learned first Appellate Court are not sustainable under the law.
4. On the other hand, learned counsel for the respondents-plaintiffs argues that the power-of- attorneys were only for administration of the properties of the principal but dishonestly petitioner got written therein full rights for transfer of the suit property also. States that even if the valid power-of-attorney was with defendant No. 1, he was not entitled to transfer the suit property in favour of his own sons without specific permission of the principal, therefore, states that the findings recorded by the learned first Appellate Court are absolutely in accordance with law and there is no defect in the findings of the learned first Appellate Court.
5. I have heard learned counsel for the parties at length, gone through the record with their able assistance as well as findings recorded by both the Courts below.
6. Learned first Appellate Court in its judgment has recorded very exhaustive findings on Issue Nos.
1 & 2,which were pivotal issues. It is a fact on the record that petitioners-defendants got power-of- attorney from Mst. WazirBibi, who died on 16.10.1991 whereas through mutation of "Tamleek" No. 106 which is Exh.P.7, the petitioner Fateh Muhammad transferred her property in favour of his own sons.
I have a considered view that if in a registered General Power-of-attorney the power to transfer of the property of the principal through "Tamleek" has been given even then the agent himself cannot transfer the property of the principal through "Tamleek". The power of transfer through "Tamleek" can only be exercised by the agent for completion of formalities of attestation of mutation or registration of Tamleek Deed etc. If it is proved that principal has transferred the property through Tamleek and only for compliance of that transfer the agent can perform on behalf of the principal for completion of formalities of that "Tamleek". In this view of the matter, the findings recorded by the learned first Appellate Court are not only exhaustive but based on the legal principle enunciated by the august Supreme Court of Pakistan.
7. For what has been discussed above, I am unable to disagree with the findings recorded by the learned first Appellate Court. Resultant, this civil revision being not maintainable stands dismissed.