Law: Abandoned Properties (Management) Act, 1975

Section: 13

Law: Constitution of Pakistan, 1973

Section: 23

JUDGMENT

FAKHRUDDIN G. EBRAHIM, J.-The facts giving rise to this petition are that the subject property was purchased on 10-6-1966 by one Alam Khan for Rs. 11,500 from its owner Mushtak Farooq. On 15-12-1972, Alum Khan agreed to sell the property to Noor Muhammad for Rs. 13,715Alam Khan acknowledged the receipt of this agreed price and executed a sale deed in favour of Noor Muhammad but this sale deed was not registered. Alam Khan also granted a general power of attorney in favour of Noor Muhammad authorising him to sell the subject property on his behalf. On 15-5-1973, Noor Muhammad purporting to act as attorney of Alam Khan executed a sale deed in favour of Ahmed Ali for Rs. 14,000 which sale deed was duly registered. On 13-9-1973, Ahmed Ali sold the subject property to the petitioner under a registered sale deed for Rs. 22,500.

2.  On coming into operation of the Abandoned Properties (Taking Over and Management) Act, 1975, the petitioner moved the Administrator under section 13 of the Act to confirm the transfer of the subject property in his favour. The Administrator rejected this application on the ground that Noor Muhammad had no right to sell the property to Ahmed Ali, the predecessor of petitioner and with that will fall the sale deed executed by Ahmed Ali in favour of the petitioner, the Administrator did not accept the general power of attorney on the grounds that it was ineffective after the coming into operation of the said Act for the subject property became vested in the Federal Government and that even otherwise it was not understood why Alam Khan should have granted the power of attorney in favour of Ahmed Ali, who was described as a "self" styled attorney.