| Citation(s) |
|---|
| 1999 SLG 533 1999 SLD 533 1999 SCMR 2574 |
Supreme Court of Pakistan
Civil Petitions Nos. 2095-L and 2096-L of 1998, decision dated: 29-01-1999. (On appeal from the judgment dated 21-10-1998 of the Lahore High Court, Lahore passed in C.R. No. 3150/94 and W.P. No. 10084/1994)
KHALIL-UR-REHMAN KHAN AND MUNIR A. SHEIKH, JJ
Ch. Muhammad Rafiq Iqbal, Advocate Supreme Court and Ch. Qamarud-Din Khan Meo, Advocate-on-Record for Petitioner (in C.P. No. 2095 of 1998). Abdul Shakoor, Advocate Supreme Court for
Respondent (in C.P. No. 2095 of 1998). Ch. Muhammad Rafiq Iqbal, Advocat
Civil Petitions Nos. 2095-L and 2096-L of 1998, decision dated: 29-01-1999. (On appeal from the judgment dated 21-10-1998 of the Lahore High Court, Lahore passed in C.R. No. 3150/94 and W.P. No. 10084/1994)
KHALIL-UR-REHMAN KHAN AND MUNIR A. SHEIKH, JJ
Ch. Muhammad Rafiq Iqbal, Advocate Supreme Court and Ch. Qamarud-Din Khan Meo, Advocate-on-Record for Petitioner (in C.P. No. 2095 of 1998). Abdul Shakoor, Advocate Supreme Court for
Respondent (in C.P. No. 2095 of 1998). Ch. Muhammad Rafiq Iqbal, Advocat
MUHAMMAD YOUNIS
VS
ATTA MUHAMAMD and 2 others
Law:
Section:
(a) Power of Attorney Act (VII of 1882)--S. 2---Power of attorney---Alienation of principal's property by attorney--Suit for cancellation of power of attorney and sale made thereunder--Principal/petitioner owed an amount of Rs.1,50,000 to creditor/respondent and in order to secure the amount the principal/petitioner executed an agreement in favour of creditor/respondent---Petitioner also executed power of attorney in favour of other respondent who sold the petitioner's house in exercise of powers under said power of attorney---Contention of the principal/petitioner was that respondent (attorney) was obliged under law to issue a notice to the principal/petitioner, before execution of sale agreement and such a sale-deed was a result of misuse of the power of attorney---Validity---Held, no limitation was placed on the power of attorney to execute the sale-deed---Power of attorney having not been misused and the sale-deed executed in pursuance thereof being valid was not liable to be cancelled. (b) Specific Relief Act (I of 1877)--- ----S. 39---Constitution of Pakistan (1973), Art. 185 (3)---Suit for cancellation of power of attorney and cancellation of registered sale-deed---Property of principal/petitioner was alienated by attorney/respondent in lieu of an amount of Rs.1,50,000 which the principal/petitioner owed to the creditor/respondent--Trial Court dismissed petitioner's suit and appeal filed before lower Appellate Court and revision before High Court also met the same fate---Validity---No limitation had been placed on attorney/respondent in favour of attorney itself to execute sale-deed, therefore, it could not be urged that the power of attorney had been misused or such a sale-deed was not valid and was liable to be cancelled particularly when it was established that the amount was not returned by the principal/petitioner---Judgments of the Courts below did not suffer from any illegality and no case had been made out for misreading or misconstruction of any material piece of evidence---Leave to appeal. was refused in circumstances. (c) West Pakistan Urban Rent Restriction Ordinance (VI of 1959)--- ----S. 13---Constitution of Pakistan (1973), Art…
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