Law:

Section:

(a) Documents, construction of-Power of attorney-G, attorney of A purchasing property at public auction on behalf of A-Power of attorney dealing with management of properties abandoned by A in India-Contention that G not being authorised to make bids at auctions on behalf of A, same was void and liable to cancellation ­Held : G being in Pakistan on day of execution of power of attorney, no question of managing properties in India arose­ Intention of A, in circumstances, inferable to deal with all matters arising out of abandonment of property in India and not its manage­ment in ordinary sense-Such intention ratified on G getting claim of A verified as well as on revocation of authority by letter written by A in relation to shop in dispute. The original power of attorney executed by A dealt with the management of properties abandoned by him in India. It is clear that on the date of the execution of this document there was no question of G who was residing in Pakistan, managing properties abandoned by A in India, and, therefore, the intention of A in the circumstances, was to authorise G to deal with all matters arising out of the abandonment of that property in India, and not its management in the ordinary sense. That the power of attorney was so construed is clear from the fact that armed with this document, G got A's claim verified from the Claims Organisation. In fact the copy of the power of attorney, placed on the record, was obtained by the Settle­ment authorities from the files of the Claims Department. In these circumstances, this power of attorney was rightly read in conjunction with the two letters of revocation written by A. In the latter document A clearly informed the Deputy Settlement Commissioner, that he was revoking the power of attorney in s relation to the shop in dispute as well. (b) Contract Act (IX of 1872), S. 196-Ratification, doctrine of-Condition requiring presence of a duly empowered attorney for participation in auction on behalf of another-At best directory in nature and intended to ensure check against fictitious bids of un­authorised persons-Principal accepting agent's action, even though action not covered by duly executed power…

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