Un-registered power of attorney ---Presumption of correctness---Document, proof of---Principle---Concurrent findings of facts by ........

 2024 SCMR 1683
Syed PERVAIZ HUSSAIN vs ZIKR-UR-REHMAN

Un-registered power of attorney ---Presumption of correctness---Document, proof of---Principle---Concurrent findings of facts by the Courts below---Predecessor-in-interest of respondents/plaintiffs claimed to be owner of suit plot in question and had denied execution of any power-of-attorney in favour of predecessor-in-interest of petitioners/ defendants---Judgment and decree passed by Trial Court in favour of respondents/plaintiffs were maintained by Lower Appellate Court as well as by High Court---Plea raised by petitioners/defendants was that power-of-attorney in question was duly notarized---Validity---There was no registered power-of-attorney , therefore, presumption of correctness could not be attached in terms of section 49 of Registration Act, 1908---In absence of any registered document, whose registration was compulsory, no immovable property could be transferred on the basis of purported unregistered general power-of-attorney ---Predecessor-in-interest of petitioners/ defendants did not produce or exhibit power-of-attorney in question, in terms of Article 79 of Qanun-e-Shahadat, 1984, as neither alleged attorney /sub-attorney nor Notary Public and attesting witnesses were produced by predecessor-in-interest of petitioners/defendants---Basic document which was alleged to be a general power-of-attorney dated 19-02-1977 was not registered and was held to be a forged document by three Courts below through concurrent findings recorded to such effect---Burden shifted upon the beneficiary of such alleged power-of-attorney , which could not be discharged by predecessor-in-interest of petitioners/defendants-