Law: Contract Act, 1872

Section: 11

Law: Specific Relief Act, 1877

Section: 42,8,12,27(b)

(a) Contract Act (IX of 1872)--- ----S. 11---Specific Relief Act (I of 1877), Ss. 42 & 8---Suit for declaration and possession---Sale of plaintiff's land during his minority by his elder brother through a fictitious, but registered power of attorney---Defendant claimed to be bona fide purchaser for consideration not having notice of plaintiffs minority and to have spent huge amount on developing suit land---Suit dismissed by Trial Court on ground of limitation while declared the plaintiff to be minor at time of suit transaction---Appellate Court decreed suit---Validity---Record showed that plaintiff was minor at time of execution of general power of attorney, thus, he was not competent to make same and suit sale made on its basis was void---No permission had been obtained from Guardian Judge before getting power of attorney and selling suit land---Plaintiff and defendant were fore-front neighbours, thus, defendant's plea that he was unaware of plaintiffs minority was not convincing---Due to non-filing of cross-objection in appeal filed by plaintiff, defendant would be deemed to have admitted minority of plaintiff---Neither sale proceeds of suit land had been paid to plaintiff nor spent on him, thus, land could not be said to have been sold for welfare of minor, which showed mala fide---Defendant was not bona fide purchaser of suit land---Defendant was enjoying possession of suit land from time of suit sale in his favour, thus, he was not entitled to return of its sale proceeds and cost of improvements, if any made by him on suit land---Plaintiff's mother had not supported suit sale---Suit was decreed in circumstances. Nawab Khan represented by Legal Heir and others v. Zarif Khan and others 1985 SCMR 1428, Aziz Ahmed and others v. Muhammad Ramzan and others 2011 SCMR 921 and Yamin Khan and 5 others v. Rais Jhangli Khan and another 1999 CLC 1755 ref. Banarasi Das v. Nathu Mal and others AIR 1914 Lah. 534 and Kanwal Nain and 3 others v. Fateh Khan and others PLD 1983 SC 53 rel. (b) Administration of justice-- ----If basic transaction is void, then whole structure raised thereon will collapse-- llustration. (c) Specific Relief Act (I of 1877)--- ----Ss. 12…

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