Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss. 42, 8, 54 & 55----Suit for declaration, possession and mandatory injunction---Maxim: Delegatus non potest delegare (delegatee cannot delegate)---Applicability---Power-of-attorney---Rules of interpretation---Actions beyond scope of power-of-attorney---Validity---Plaintiff challenged validity of special power of attorney executed in excess of powers given under general power-of-attorney and of title documents pertaining to suit property executed thereunder---Trial court dismissed the suit, but appellate court decreed the same---Validity---General power-of-attorney was executed by the principal in favour of respondent for management of his property---Under said general power-of-attorney, no authorization had been conferred upon the respondent to sub-delegate authority or to nominate or appoint anyone as special attorney so as to do acts and perform functions as specified in the general power of attorney on behalf of principal---Respondent was only authorized to sell property mentioned in general power-of-attorney, but he, to the detriment of interests of principal, executed special power-of-attorney in favour of another person---Respondent had executed said special power-of-attorney in total departure from explicit language of general power of attorney wherein no authority was given to him by principal for further delegation of the same in favour of any person---Power of attorney was to be strictly construed and nothing could be read in it unless the same was specifically provided therein and the attorney was to act within scope of the authority as described in the instrument---Maxim delegatus non potest delegare was applicable to the case---Both the agent of special power-of-attorney and the delegatee were in league while committing illegal acts---Sales went on during pendency of suit before Trial Court with ulterior motive and the same were hit by principle of lis pendens---No one appeared to support special power of attorney to the delegatee and disputed the title documents which suggested collusion and connivance between agent and delegatee---Judgment of appellate court was based on proper appreciation of…

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