Law:

Section:

(a) Contract Act (IX of 1872)-------Ss. 188 & 214---Sale of principal's property by Attorney in favour of his blood relation---Validity---Such sale would be treated as transfer in favour of Attorney himself, which could not be done or legalized without special permission from principal---Principles illustrated. Maqsood Ahmad and others v. Salman Ali PLD 2003 SC 31; Jamil Akhtar and others v. Las Baba and others PLD 2003 SC 494; Fida Muhammad v. Pir Muhammad Khan through L.Rs. and others PLD 1985 SC 341; Haji Faqir Muhammad and others v. Pir Muhammad and others 1997 SCMR 1811; Mst. Shumal Begum v. Mst. Gulzar Begum and 3 others 1984 SCMR 818 and Muhammad Siddique and 2 others v. Mst. Shagufta Begum alias Shugufta Rafique 1994 CLC 1690 rel. (b) Contract Act (IX of 1872)--- ----Ss. 188 & 214---Qanun-e-Shahadat (10 of 1984), Art.199---Sale of wife's property by husband as her attorney in favour of his real cousin---Denial of transaction by wife---Effect---Onus to prove such sale to be with wife's consent would shift on beneficiary---Self-serving statement of attorney, in absence of any corroboration, would not be enough to prove such sale to be with wife's consent --Principles illustrated. Hakim Khan v. Nazeer Ahmad Lughmani and 10 others 1992 SCMR 1832; Sana Ullah and another v. Muhammad Manzoor and another PLD 1996 SC 256; Muhammad v. Mst. Rehmon through Mst. Sharifan Bibi 1998 SCMR 1354 and Mst. Rasheeda Begum and 3 others v. Muhammad Yousaf and others 2002 SCMR 1089 rel (c) Contract Act (IX of 1872)--- ---- S. 214---Pardahnashin lady---Property of Pardah-ob serving lady---Such lady is entitled to special protection under law---Property of such lady should be dealt with, with great care/caution especially by those, who stood in fiduciary relationship with her like husband etc.---Such persons are bound under law to prove their good faith and good conscience of transaction entered on her behalf especially as her attorney. Mst. Badshah Begum v. Ghulam Rasul and 4 others PLD 1991 SC. 1140; Hakim Khan v. Nazeer Ahmad Lughmani and 10 others 1992 SCMR 1832 and Amirzada Khan and another v. Itbar Khan and others 2001 SCMR 609 rel. (d) Contract Act (IX of 1872)---…

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