| Citation(s) |
|---|
| 1979 SLG 95 1979 SLD 95 1979 PLD 22 |
Sindh High Court
Revision Application No. 204 of 1975, decided on 13th September 1978. Dates of hearing: 16th, 17th and 18th April 1978.
ABDUL HAFEEZ MEMON, J
Safdar Hussain Fani for Applicant. Ali Nazar and Ahmed Yousuf Ali for
Respondent.
Revision Application No. 204 of 1975, decided on 13th September 1978. Dates of hearing: 16th, 17th and 18th April 1978.
ABDUL HAFEEZ MEMON, J
Safdar Hussain Fani for Applicant. Ali Nazar and Ahmed Yousuf Ali for
Respondent.
Syed SHAFIQUE HUSSAIN --Appellant
VS
Syed ABUL QASIM --Respondent
Law:
Section:
Contract Act (IX of 1872) ----S. 202 Agency Termination of Interest of agent in property forming subject matter of agency may be inferred either from document or from course of dealings between parties and from other surrounding circumstances Existence of interest and not mode important---Agent having beneficial interest in disputed land forming subject matter of power of attorney Such power of attorney cannot be revoked.¬[Agent Power of attorney]. Hunt v. Ransmanier 8 Wheat 174; Todd v. Superior Court (1919) 7 AIR 938; Palani Vannan and others v. Krishnaswami Konar and others A I R 1946 Mad. 9; Bowstead on The Law of Agency, 8th Edn., p. 456; Garapatt Venkana v. Mullapudi Atchutaramanna and others A I R 1938 Mad. 542; Kondayya Cheat v. Narasimhulu Chetti I L R 20 Mad. 97; (1906) A C 254 and Clifford v. Turrel 1 Y & C 138 ref. JUDGMENT This Revision Application is directed against the judgment dated 5 7 1975 passed by the learned Additional District Judge, Khairpur, whereby he set aside the judgment and decree dated 9 5 1972 passed by the learned Civil Judge, II Class, Khairpur and dismissed the suit filed by the applicant against the respondent. The relevant facts, as per the pleadings of the parties, are that the respondent after surrendering 16-11 acres of agricultural land situated in dehs Baharpur and Rahoja of Tehsil and District Khairpur, under Martial Law Regulations 89/91, exercised his option and repurchased the said land at the sanctioned rates. Thereafter, on 5.7 1965, he entered into an agreement with the applicant in respect of the aforesaid land, whereby it was agreed that the applicant would pay to the Government all the instalments towards the purchase price of the land and a further sum to the respondent (described in the agreement as the first party) in consideration whereof the respondent undertook to transfer the entire land by executing absolute deed of transfer of the lands in favour of the applicant after full price was paid up and rights of absolute ownership were conferred on him. The agreement further contained that out of purchase price the applicant had paid Rs. 5,000 to the respondent under a separate receipt in lieu whereof…
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