Law:

Section:

(a) Contract Act (IX of 1872)--Ss.188 & 16---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to consider whether the power of attorney granted by appellants which included three Pardahnashin, ladies authorised respondent to sell bungalow and whether protection available to female owners was taken into consideration. (b) Contract Act (IX of 1872)--- ----Ss. 183 & 16---Power of attorney by Pardahnashin lady---Courts are always cautious in interpreting such power of 'attorney particularly in a circumstance when she denied it.---[Pardahnashin lady---Power of attorney]. (c) Contract Act (IX of 1872)--- ----Ss. 16 & 214---Sale of property by attorney---Power of attorney was executed as far back as in 1967 but no evidence of sale of any part of the property by the attorney had been brought on record---At best attorney might have been managing the agricultural land as well as bungalows on behalf of the executants---Attorney in case of bungalows had not been able to realise rent which had swollen to a huge amount---One of the executants was younger brother of attorney while remaining were Pardahnashin ladies---Attorney being the eldest male member in the family had the dominant position---Held, although the power of attorney was executed by the executants in favour of attorney, as he had never acted upon the power to sell the property for a very long period and prior to executing agreement to sell he did not bring it to the knowledge of executants of power of attorney, the sale could not have been validly made---Attorney was duty bound to have brought to the notice of executants of power of attorney the intended sale prior to entering into the agreement to sell and sought instructions in that behalf---Failure of attorney to do so was a complete failure on his part to discharge his duty in this regard. (d) Power of attorney--- ----Essential features of power of attorney and obligations of attorney. Fida Muhammad v. Pir Muhammad Khan and others P L D 1985 SC 341 quoted. ' (e) Principal and agent--- ---- Governing principle for relationship of principal and agent. It is a settled principle governing the relationship of principal and…

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