Law:

Section:

(a) Gift-------Essentials---Gift through attorney---Scope---In order to make a valid gift through attorney not only the attorney be specifically authorized but the donee should also be a specified and nominated person---Attorney might be empowered by his principal through a general power of attorney to make a gift but it does not mean that he has got an absolute power to appease and bless any person of his choice---Attorney cannot dole out the property of his principal in the garb of gift on a person not nominated for this purpose by the principal. (b) Gift--- ----Gift made by attorney on behalf of principal---Scope---Donee not specifically nominated by principal---Effect---Petitioner/principal challenged the gift effected by his attorney---Suit was dismissed and the same was affirmed in appeal---Contention of the petitioner/principal was that his attorney transferred the landed property through gift without his consent and permission---Validity---Gift emanates always from love and affection of the donor to a donee and some time is a quid pro quo for personal services rendered by the donee to the donor---Express consent and permission of the principal in the process of making a gift by his attorney cannot be bypassed because it is the inner feelings and state of mind of the donor which inclined him towards a donee for blessing him with a gift---Attorney could not make a gift in favour of a person neither known to the principal or inimical to him---Impugned s and decrees were not based on correct legal approach relating to the issues raised in the case and the same were set aside---Revision petition was accepted. Malik Muhammad Bilal for Petitioners. Muhammad Aslam Khan for Respondents. Date of hearing: 30th September, 2018. JUDGMENT LAL JAN KHATTAK J.--- This civil revision petition under section 115, C.P.C. is directed against the judgment and decree dated 12-9-2009 of the learned Additional District Judge-I, D.I. Khan whereby appeal of the petitioners, against the judgment and decree dated 8-11-2007 of the learned Civil Judge-VIII, D.I. Khan, has been dismissed. 2. Short facts of the case are that the petitioners-plaintiffs filed a suit against the…

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