Case Details

Citation(s)
1992 SLG 1066 1992 SLD 1066 1992 CLC 2137
Lahore High Court
Civil Revision No. 1472 of 1983, heard on 17th June, 1992
ABDUL MAJEED TIWANA, J
Ch. Muhammad Hassan for Petitioner Mazhar-ul-Haq for
Respondent No. 1.
Respondent No. 2. Ex parte

ANIS FATIMA

VS

ANWAR HUSSAIN

Law:

Section:

(a) Contract Act (IX of 1872)--- ---- S.202 --- Irrevocable general power of attorney --- Attorney as an agent of his principal subsequently acquiring an interest in property in question, forming part of agency within meaning of S.202, Contract Act, 1871--­ Principal/respondent was thus not competent to revoke authority given to general attorney --- Principal had entailed his legal disability by his own act by inserting fact of irrevocability of general power of attorney in the deed itself as also in the collateral agreement, thus, incurring liability by operation of law as per terms of S.202, Contract Act, 1872 --- Cancellation deed of such power of attorney by the Principal would have no legal effect and same could not operate against authority of general attorney, given to him by general power of attorney itself. (b) Civil Procedure Code (v of 1908)--- ---- Ss. 1.2 (2) & 115 --- Contract Act (IX of 1872), S. 202 --- Revision--­ Irrevocable power of attorney --- Person so appointed transferring house of his principal/respondent in favour of his wife/petitioner--Petitioner and respondent entering into agreement for referring matter to arbitration--­ Arbitrator's award was made rule of Court --- Validity --- Courts below while setting aside decree of Court on application of respondent/Principal did not advert to provisions of S.202, Contract Act, 1872 and taking erroneous view decided case in favour of respondent --- Order of decree based on arbitration proceedings did not suffer from any legal infirmity --- Judgments and decrees of Courts below on basis of S. 12 (2), Civil Procedure Code, 1908, whereby decree in favour of petitioner was set aside were reversed in revision. PLD 1979 Kar. 22 ref. JUDGMENT Anwar Hussain Shah respondent No.1 was allotted Plot No.156-D, measuring about 4-1/2 marlas, situated in Satellite Town, Sargodha, by the Housing Department. He executed the agreement to sell, dated 18-3-1977, in favour of Mumtaz Hussain, the husband of Mst. Anees Fatima petitioner, wherein he admitted the receipt of Rs.600 from him and authorised him to raise construction on the said plot by expending from his own pocket, after getting the construction…
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