| Citation(s) |
|---|
| 2016 SLG 3201 2016 SLD 3201 2016 MLD 1243 |
Lahore High Court
R.S.A. No. 20 of 2003, decided on 30th April, 2014.
SHAHID WAHEED, JUSTICE
Ch. Muhammad Anwar Bhindar for Appellant. Sherjeel Adnan and Haris Azmat for
Respondent No. 1. Nemo for
Respondents Nos. 2 and 3.
R.S.A. No. 20 of 2003, decided on 30th April, 2014.
SHAHID WAHEED, JUSTICE
Ch. Muhammad Anwar Bhindar for Appellant. Sherjeel Adnan and Haris Azmat for
Respondent No. 1. Nemo for
Respondents Nos. 2 and 3.
MUHAMMAD IQBAL THROUGH L.RS. - --Appellant
VS
MEHMOOD HASAN AND OTHERS --RespondentS
Law:
Section:
Contract Act (IX of 1872) --------- ----------Ss.211 & 201 --------- Transfer of Property Act (IV of 1882), S.41 --------- Power of attorney --------- Scope --------- Revocation of power of attorney --------- Modes --------- Sale of property by the attorney on behalf of principal --------- Termination of authority of an agent --------- Requirements --------- Power of attorney was a creation of an agency whereby the grantor would authorize the grantee to do the acts specified therein on behalf of grantor which when executed would be binding on the grantor as same had been done by him --------- Power of attorney could be revoked or terminated at any time --------- Each recital in the power of attorney would constitute a separate power --------- Power of attorney should be strictly construed and limited to the exact words contained therein --------- Attorney was inter alia authorized to sell, gift, exchange, mortgage and waqf the suit property in the present case and accept the earnest money of sale of said land --------- Principal had not conferred plenary powers on his attorney to deal with the suit property --------- No power of sale and execution of sale deed before the Sub-Registrar was given to the attorney --------- Agreement for sale of property and execution of conveyance after agreement of sale were different things --------- Attorney was required to use reasonable diligence in communicating with the principal/original owner of suit property and he should have sought his instructions about the sale --------- When general power of attorney had been revoked before the sale was made, the sale deed was illegal and without lawful authority --------- Attorney was aware that principal had cancelled his power of attorney --------- Power of attorney could be revoked orally --------- Termination of authority of an agent would be effective when same would become known to him or so far as regards third persons when same had become known to them --------- Revocation of authority through a registered deed was not necessary and only notice was required to be given to the agent and said notice might be oral --------- No evidence had been led by the plaintiff that…
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