MITHA KHAN Versus NAFEES BEGUM

ORDER

1. SAIDUZZAMAN SIDDIQUI, J.--- The petitioner is seeking leave to appeal against the judgment of a learned Judge in Chambers of Peshawar High Court dated 8-12-1994 whereby Civil Revision Appeal filed by the petitioner against two concurrent judgments of the Courts below was dismissed.

2. The relevant facts of the case are that one Mst. Nafees Begum instituted Suit No.250/1 claiming ownership of Plot No.C/3502 situated in Dera Ismail Khan (hereinafter to be called the 'suit property' only). This plot was transferred by Sardar Muhammad Akbar Khan on the basis of registered power of attorney in favour of Qutubdin Khan son of Haq Nawaz. The said Qutubdin Khan son of Haq Nawaz sold this property to Haji Mitha Khan son of Haji Azam Khan (petitioner). The admitted position in the case is that registered power of attorney was executed in favour of Sardar Akbar Khan by Mst. Nafees Begum on 26-,7-1969 whereas suit property was acquired by Mst. Nafees Begum on 19-3-1975 through registered deed. The learned Judge in Chambers although came to the conclusion that the contention of plaintiff/respondent that the power of attorney executed by her in favour of Sardar Muhammad Akbar on 26-7-1969 was a forged, fictitious and fraudulent document, was not substantiated and that the said power of attorney was validly executed in his favour yet the learned Judge came to the conclusion that under the said power of attorney, the attorney could not transfer the property which was acquired by Mst. Nafees Begum about 6 years after the execution of the power of attorney. The learned counsel for the petitioner has invited our attention to the following provision in the power of attorney executed by Mst. Nafees Begum in favour of the attorney:--

3. On basis of the above stipulation in the power of attorney it is contended by the learned counsel for the petitioner that the conclusion reached by the learned Judge in Chambers that the attorney was not entitled to act under the provisions of the above general power of attorney to effect the transfer in respect of the suit property acquired by Mst. Nafees Begum (respondent No. 1) subsequent to the date of execution of power of attorney is contrary to the terms of power of attorney and is, therefore, not sustainable in law.

4. The contention raised by the learned counsel for the petitioner requires examination and we, accordingly, grant leave to appeal to consider the same. Parties are directed to maintain status quo till decision of the appeal.

5. A.A./M-139/S Leave granted.