Law: Specific Relief Act, 1877

Section: 12

Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Transfer of Property Act, 1882

Section: 54

Specific Relief Act (I of 1877)--- ----S. 12---Transfer of Property Act (IV of 1882), S. 54---Suit for specific performance of agreement to sell---General power of attorney---Agreement on behalf of attorney in favour of his relative---Scope---Suit was dismissed concurrently---Validity---Possession of suit property was already with the plaintiffs being tenants upon the same---Principal had revoked the alleged agreement to sell---Present suit had been filed beyond the period of limitation---When any transaction was alleged through attorney then beneficiaries were bound to prove that original owner was not available at the place where parties were entering into agreement to sell and attorney was having powers to enter into agreement to sell the suit property---Power to sell property did not give power to enter into agreement to sell---If the power of the attorney was not extended the authority to enter into an agreement to sell, then he could not enter into the said agreement---Transaction in the sale would be completed and rights and liabilities of the parties would be determined through an instrument of sale and with the registration and completion of the same no further liabilities of the parties remained against each other but in case of agreement to sell parties would be bound to perform the terms of agreement in future---Attorney could not bind the principal and enter into agreement to sell of property owned by him unless attorney was authorized specifically to bind the principal for performance of terms of the agreement in future---Attorney in the present case had no authority to enter into an agreement the sell of suit property---Alleged agreement to sell was bad on the basis of having no powers with the attorney---Attorney had transferred suit property in favour of his near relative which was a bar without special consent of the principal---Impugned s and decrees were based on proper appreciation of evidence available on record---Second appeal was dismissed, in circumstances. Malik Riaz Ahmed and others v. Mian Inayat Ullah and others 1992 SCMR 1488; Fida Muhammad v. Pir Muhammad Khan (Deceased) through Legal Heirs and others PLD 1985 SC 341; Dost…

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