Law: Contract, Act, 1872

Section: 215

Law: Qanun-e-Shahadat (10 of 1984)

Section: 117,120

Law: Civil Procedure Code (V of 1908)

Section: 100

Law: Transfer of Property Act, 1882

Section: 54

(a) Contract Act (IX of 1872)--- ----S. 215---Suit for declaration---Principal and agent (attorney)---Transfer of property by attorney to his kith and kin---Permission of principal, requirement of---Concurrent findings of facts by two courts below---Plaintiffs claimed their ownership on basis of oral sale mutation got entered in their favour by their father who was holding General Power of Attorney in his favour by defendants---Suit was decreed in favour of plaintiffs by Trial Court and Lower Appellate Court---Plea raised by defendants was that father of plaintiffs as attorney was not competent to transfer suit land of his principal to his kith and kin without specific permission in such behalf---Validity---Neither agent himself could claim his ownership rights in suit land of his principal merely on basis of agency document nor for his own kith and kin; it was sine qua non for agent to have sought prior approval of principal in that behalf after acquainting principal with material circumstances on subject, failing which principal was at liberty to repudiate transaction---Both courts below failed to analyze facts and law on the subject and had committed grave irregularity and illegality while passing s and decrees and same could not be sustained in eyes of law---High Court in exercise of appellate jurisdiction set aside s and decrees passed by two courts below as same were passed erroneously, contrary to law and usage---Second appeal was allowed in circumstances. Abdul Rahim v. Mukhtar Ahmad and 6 others 2001 SCMR 1488; Fida Muhammad v. Pir Muhammad Khan (deceased) through Legal Heirs and others PLD 1985 SC 341; Muhammad Yasin and another v. Dost Muhammad through Legal Heirs and others PLD 2002 SC 71; Maqsood Ahmad and others v. Salman Ali PLD 2003 SC 31; Nazim ud Din and others v. Shaikh Zia ul Qamar and others 2016 SCMR 24 and Ghulam Muhammad and 3 others v. Ghulam Ali 2004 SCMR 1001 ref. (b) Transfer of Property Act (IV of 1882)--- ----S. 54---Qanun-e-Shahadat (10 of 1984), Arts. 117 & 120---"Sale", proof of---Necessary ingredients---Onus to prove---Vendee, in order to enforce sale, must establish firstly that transaction was struck with title-holder or…

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