Law: Contract Act (IX of 1872)

Section: 188

Contract Act (IX of 1872) S. 188-Power of attorney-Petitioner executing power of attorney in favour of H authorising him inter alts to enter into agreement of sale or partnership and sign, execute, and complete deed of agreement and receive amount etc.-H executing deed of relinquishment in respect of property in question in favour of Z---Cancellation by petitioner of power of attorney after execution of the deed of relinquishment-Cannot render invalid deed of relinquishment in absence of allegation of power of attorney being forged. Date of hearing : 6th November 1974.                                                                                                                         ORDER MUHAMMAD AFZAL CHEEMA, J.-This petition for special leave to appeal filed by Ahmad Khan petitioner has arisen out of the judgment of the Lahore High Court, dated 28-1-1974, whereby Writ Petition No. 148-R-1974 filed by the petitioner was dismissed to limine. 2. The admitted facts of the case briefly are that the petitioner was an allottee of an evacuee Flour Mill which was transferred to him by the Additional Settlement Commissioner as an unregistered concern, vide order dated 28-5-1960. It was priced at Rs.. 11,742. 1 he first notice for payment of the transfer price was issued to the petitioner on 6-5-1965 which was repeated about four years later on 18-4-1969. On 29-7-1971, the petitioner submitted a challan for the deposit of Rs. 3,000 as the first instalment towards the payment of the transfer price. He also appears to have moved the Additional Settlement Commissioner seeking redaction of the price whereupon, vide orders dated 27-12-1972, he was directed to pay 50 per cent. of the transfer price as a condition precedent for the consideration of his application for reduction of price. On 19-3-1973, he deposited an other sum of Rs. 2,871 which inclusive of the amount already…