Law: Civil Procedure Code (V of 1908)

Section: 2

  Mutation-----   -----Entered by general attorney of owner - Revenue Officer not concerned with bona fides of such attorney with regard to transactions (mortgage and sale of equity of redemp tion) the subjects of mutations-Collector setting aside mutations on basis of a term which was non-existent in registered power of attorney and Collector's order upheld' by Additional Commis sioner-Order set aside by Board and that of Revenue Officer restored - Civil Procedure Code (V of 1908), O. III, r. 2.     ORDER   This is a revision filed against an order dated the 3rd of March 1964, passed by Additional Commissioner (Revenue), Multan, who, while exercising powers of a Commissioner, rejected the appeal preferred by the petitioner.   The facts of the case are that Shabbir Muhammad respondent appointed one Gul Muhammad as his General Attorney under a written registered deed. On the strength of this power of attorney, Gul Muhammad mortgaged 200 kanals of land for Rs. 10,000 with Faiz Muhammad petitioner. Mutation No. 339 was entered on 5-2-1962. Before this mutation could be sanctioned, Gul Muhammad sold the equity of redemption in respect of the same land in favour of the petitioners, Muhammad Siddiq, Rahim Bux and Sher Muhammad and mutation No. 340 was entered on the 24th of February 1962. Both the mutations were 'put up to the Assistant Collectotor, 2nd Grade on 28-2-1962 and were sanctioned. The respondent went in appeal to the Collector who held that the general attorney had exceeded his powers and accepted the appeal. The petitioners went in appeal to the Additional Commissioner who rejected it. Hence this revision.   I have heard the learned counsel for the parties. It is quite clear that the learned Collector acted under a mis-apprehension. In his order dated the 3'st of October 1962, he has clearly stated that the conditions laid down in the power of attorney did nor empower Gul Muhammad to sell or mortgage the property unless he was doing so with the written consent of the owner and for the sake of improvement of the property. I have examined the power of attorney and do not find any clause which would justify…