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1989 SCMR 1940

SAID MUHAMMAD vs MUHAMMAD AKRAM and another

Citation1989 SCMR 1940
CourtSupreme Court of Pakistan
Case No.Civil Petition No,945 of 1981
Date1988-07-30
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultLeave refused

ORDER

1. ' 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.

2. ' 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.

3. ' 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.

4. ' 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.

5. ' Leave to appeal is, accordingly, refused.

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