' MUNIR A. SHEIKH, J.---Through judgment dated 18-8-1999, the learned Judge of the Lahore High Court, Rawalpindi Bench, Rawalpindi, has dismissed Civil Revision No,173-D of 1998, arising from suit filed by Mst. Noor Bhari, deceased predecessor-in-interest of respondents Nos.1 to 8 for declaration etc.
2. The facts of the case are that the property in dispute was inherited by the present petitioner, Ghulam Muhammad and her sister, Mst. Noor Bhari from their father. The petitioner purchased latter share through respondent No,9/defendant No,2 her alleged attorney, Noor Bhari deceased filed the suit for declaration that she was illiterate and Pardanashin lady and was suffering from illness when the petitioner got the power of attorney executed in favour of respondent No,9, authorising him to dispose of her share in the land, who in pursuance of the said power of attorney, transferred the land to the present petitioner which was ineffective against her fights. The trial Court through judgment dated 25-3-1991 dismissed the suit.
3. It may be mentioned here that during the pendency of the suit, Mst. Noor Bhari died and her legal representative i.e, respondents Nos.1 to 8 were substituted as plaintiffs.
4. Respondents Nos. 1 to 8, filed appeal against the judgment of the trial Court before the learned Additional District Judge, Chakwal, which was accepted through judgment dated 19-6-1993 and the case remanded after framing two additional issues on the point that the said power of attorney had been obtained through fraud in order to see what is the effect on the execution of the same she being illiterate and Pardahnashin lady. This remand order was challenged by the respondents through Civil Revision No,358 of 1993 before the Lahore High Court, Rawalpindi Bench, Rawlapindi which was dismissed through judgment dated 21-9-1993.
5. In the post remand proceedings, after recording the evidence on the additional issues, the trial Court through judgment dated 27-10-1994 decreed the suit. It was held that Mst. Noor Bhari was illiterate and Pardahnashin lady and power of attorney obtained from her in favour of respondent 9/defendant 2 in the suit by the petitioner was the result of fraud and misrepresentation.
6. The appeal filed by the petitioner was dismissed by the first Appellate Court through judgment 4ated 20-7-1997. Civil Revision No,173-D of 1998 filed by him has been dismissed through the impugned judgment dated 18-8-1999 by the learned Single Judge of the Lahore High Court against which leave is sought.
7. Learned counsel for the petitioner has made endeavour to challenge the concurrent findings on pure questions of fact. He has not been able to point out any misreading misconstruction or non- reading of any material piece of evidence by any of the Courts below in arriving at the conclusion that the power of attorney obtained by the petitioner from Mst. Noor Bhari was the result of fraud and misrepresentation. It is admitted position that Mst. Noor Bhari had 5 sons and husband but none of them was made to be present at the time of execution of power of attorney. It was very much necessary for it has been held by the superior Courts consistently that in the case of illiterate and Pardahnashin lady, the Court should be very careful in recording findings as to the execution of any agreement by her if she had challenged the same on the ground that it had been obtained from her by fraud. The petitioner is real brother of Mst. Noor Bhari, therefore, we can safely presume that he in order to garb the share in the property inherited by his sister from their father, obtained the power of attorney by fraud.
8. We do not find any merits in this petition which is accordingly, dismissed and .