Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 9---Contract Act (IX of 1872), S.188---Suit for possession---Plaintiff's plea that he as tenant was doing business in suit shop through attorney/agent, who in order to satisfy his debt handed over its possession to defendant without plaintiff's consent---Validity---If attorney/agent had no authority to hand over possession of suit shop, then plaintiff had remedy against attorney/agent and not by filing such suit against defendant---Unauthorized act of an agent in excess of his authority in all cases would not be binding upon his principal---Nothing on record to show that attorney was in possession of shop by fraud, misrepresentation or against freewill of plaintiff or that defendant had been informed that attorney/agent had no authority to surrender possession of shop---Suit was dismissed in circumstances. (b) Specific Relief Act (I of 1877)--- ----S.9---Object of S.9 of Specific Relief Act, 1877 being to discourage dispossession without due process of law and consent of person in possession and provide him summary remedy without going into title of property. (e) Contract Act (IX of 1872)--- ---Ss. 188 & 196---Unauthorized act of an agent in excess of his authority in all cases would not be binding upon his principal. Mir Adam Khan, Advocate Supreme Court/Advocate-on-Record for Petitioner. Astaghfirullah, Advocate Supreme Court for Respondents Nos.1 and 2. Respondent No.3 in person. Date of hearing: 4th March, 2010. JUDGMENT KHILJI ARIF HUSSAIN, J.--- Aggrieved by the impugned judgment dated 10-3-2003 passed by learned Peshawar High Court, Peshawar, dismissing his Writ Petition No.272 of 2001, the petitioners seek leave to appeal. 2. The petitioner/plaintiff filed a suit under section 9 of the Specific Relief Act against respondents Nos.1 and 2 alleging therein that he was tenant under respondent No.3 in the suit shop for the last 25 years but respondents Nos.1 and 2 had forcibly dispossessed him from the shop in question. 3. Learned trial Court after framing issues and recording evidence of the parties dismissed the suit of the, petitioner/plaintiff. The appeal and revision filed by him have also been dismissed…

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