Law:

Section:

Contract Act (IX of 1872)--Ss. 188 & 214---Power of Attorney---General Power of Attorney--­Alienation of principal's property by attorney---Essential obligations of attorney---Scope of the holder of a General Power of Attorney in alienating the property of his principal in favour of those who are so closely related to the agent that ultimate beneficiary would be the agent himself, he should in his own interest obtain the consent of the principal failing which the principal is at liberty to repudiate the transaction. Fida Muhammad v. Muhammad Khan PLD 1985 SC 341; Fida Muhammad v. Pir Muhammad Khan through Legal Heirs and others PLD 1985 SC 341 and Shumal Begum v. Gulzar Begum and 3 others 1994 SCMR 818 quoted. Haji Muhammad Zahir Shah, Advocate Supreme Court and Syed Safdar Hussain, Advocate-on-Record for Petitioners. Abdul Samad Khan, Advocate-on-Record for Respondent No. 1. Date of hearing: 5th June, 1997 JUDGMENT MUHAMMAD BASHIR KHAN JEHANGIRI, J.---This petition for leave to appeal is directed against the order of Peshawar High Court, Peshawar, dated 27-2-1996 by which the civil revision filed by the petitioners against the judgment and the decree of the learned Additional District Judge, Kohat, was dismissed. 2. Briefly the relevant facts are these: On 16-6-1960, Pir Muhammad respondent No. l executed a general power of attorney in favour of his son Faqir Muhammad petitioner No. 1. This power of attorney duly registered on 20-6-1990, inter alia, purportedly empowered petitioner No. l to mortgage, sell, exchange and transfer by way of gift the landed property of respondent No. l situate in the revenue estate of village Jangle Khel, Tehsil and District Kohat. Taking advantage of the aforesaid power, petitioner No. l by means of Mutation No.2831 attested on 11-5-1991, purported to gift the disputed land in favour of his own two minor sons, namely, Muhammad Shifa and Muhammad Idrees. On this respondent No. 1, on 25-5-1991, brought the suit, out of which this petition has arisen, against the three petitioners and Tehsildar, Jangle Khel, in the Civil Court at Kohat seeking annulment of the impugned gift mutation, inter alia, on the grounds that he had not…

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