Law:

Section:

(a) Interpretation of documents--­---- Power of attorney---Construction of power of attorney---Power of attorney must be construed strictly while ascertaining authority conferred on attorney.-­[Power of attorney]. Muhammad Mehrban v. Sadar-ud-Din and another. 1995 CLC 1541; Muhammad Aslam and another v. Mst. Inayat Bibi and 4 others 1995 CLC 1572 and Eagle Star Insurance Co. Ltd. v. Usman Sons Ltd. PLD 1969 Kar.123 rel. Gul Taj Begum v. Lal Hussain Iqbal Hussain PLD 1980 SC (AJ&K) 60; Muhammad Ishaq Kundi and 2 others v. Abdul Ghafoor 1987 CLC 2134; Qadir Bakhsh v. Ghulam Moeen-ud-Din 1994 CLC 1949 and Rafaqat Ali Khan v. Fida Muhammad Khan PLD 1986 Pesh. 50 ref. (b) Power of attorney- ---- Contract Act (IX of 1872), S.188---Punjab Pre-emption Act (I of 1913), S.15---General power of attorney executed in respect of specified immovable property---Filing of suit for pre-emption by such attorney on behalf of his principal---Competency---General power of attorney clearly indicated that same had been executed in respect of immovable property described in the opening passage of the document itself and power in respect of that property alone had been bestowed on the attorney authorising him to initiate all sorts of proceeding giving him also power to mortgage, sell, gift, exchange and file suits, claims, applications, appeals, revisions, review in respect of said property---General Attorney neither could have entered into agreement to purchase property on behalf of plaintiff nor could have instituted suit for specific performance on basis of said power of attorney---General power of attorney did not authorise the attorney to institute pre-emption suit on behalf of plaintiff without specific authority to do so in respect of property in question---Plaintiff had not even cared to ratify or confirm filing of suit by his general attorney and had not even appeared as his own witness in suit--'-Text of power of attorney did not permit general attorney to institute suit to pre-empt sale in favour of defendant---Suit for pre-emption having been filed by incompetent person was dismissed in circumstances.--[Power of attorney]. JUDGMENT IHSAN-UL-HAQ CHAUDHARY, J.---The…

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