ORDER SHEET

IN THE HIGH COURT OF SINDH,

CIRCUIT COURT, HYDERABAD.

C.P. No. D- 613 of 2009

DATE         ORDER WITH SIGNATURE OF JUDGE

5.11.2009

Mr. Bilawal Ali Ghunio advocate for Petitioner

Mr. Raja Jawad Ali advocate for Respondents

Mr. Allah Bachayo Soomro Addl.A.G

Mr. Jhamat Jethanand Amicus Curaie

            We have heard the Petitioner, Counsel for the Respondents and Mr. Jhamat Jethanand advocate who had assisted this Court at our request. Issue is whether on the basis of power of attorney which is claimed to be fictitious by the Petitioner, a Sub Registrar can execute sale deed or not.

After hearing the matter at some length we are informed by the petitioner that the power of attorney which is fictitious is being utilized by the Respondent No.2 and he is selling the property. This Court cannot declare such instrument valid or otherwise and a suit will lie. The Petitioner may approach the Civil Court for seeking redressal of his grievance. This Court in these proceedings cannot determine the validity or otherwise of a power of attorney.

This petition stands disposed of

                                                                                                            JUDGE

                                                                                    JUDGE

Karar/-