| Citation(s) |
|---|
| 2004 SLG 1074 2004 SLD 1074 2004 SCMR 1034 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 775-L of 2003, decision dated: 14-04-2003.(On appeal from the judgment, dated 28-1-2003 passed by the Lahore High Court, Lahore in R.S.A. No. 37 of 1994)
TANVIR AHMED KHAN AND KHALIL-UR-RAHMAN RAMDAY, JJ
Ch. Riyasat Ali, Advocate Supreme Court and Malik Rehmat Khan Awan, Advocate-on-Record for Petitioners. Nemo for
Respondents
Criminal Petition for Leave to Appeal No. 775-L of 2003, decision dated: 14-04-2003.(On appeal from the judgment, dated 28-1-2003 passed by the Lahore High Court, Lahore in R.S.A. No. 37 of 1994)
TANVIR AHMED KHAN AND KHALIL-UR-RAHMAN RAMDAY, JJ
Ch. Riyasat Ali, Advocate Supreme Court and Malik Rehmat Khan Awan, Advocate-on-Record for Petitioners. Nemo for
Respondents
KHALIL AHMAD and anothers
VS
Mst. MUHAMMAD JAN and others
Law:
Section:
Contract Act (IX of 1872)---S. 190---Power of attorney authorizing agent to sell property on behalf of the principal---Delegation of such power by agent ---Validity--¬Principal had not authorized his agent to appoint any other person as attorney or further delegate the power---Mere fact that principal had been informed regarding transaction would not any sanctity to power of attorney executed in favour of delegatee. ORDER TANVIR AHMAD KHAN, J.---Leave to appeal is sought against the judgment, dated 28-1-2003 whereby a learned Single Judge of the Lahore High Court through the impugned judgment dismissed the R.S.A. filed by the petitioner maintaining the earlier determination of the learned Additional District Judge, dated 6-7-1994 whereby he reversed the findings of the learned Civil Judge, Daska. 2. Facts briefly are that respondent Mst. Muhammad Jan and Mst. Umar Hassan filed a declaratory suit with permanent injunction on 29-3-1989 taking exception to the sale-deed, dated 2-4-1988 as having been executed without lawful authority and of no legal effect. In the said suit both these ladies also arrayed Rana Ghulam Sabir as defendant who was subsequently transposed as plaintiff on 10-6-1990 and amended plaint was filed accordingly. It was averred in the plaint that they had not executed any general power-of-attorney in favour of Faiz Muhammad and Naik Alam respondents so as to sell their landed property to the petitioners. 3. The suit was resisted by the petitioners who claimed to be the bona fide purchasers of the property. Out of the contradictory pleadings of the parties issues were framed. The parties led their evidence and the learned Civil Judge, Daska through his judgment, dated 29-7-1991 dismissed the suit with special costs. An exception was taken by the respondents to the judgment of the learned trial Court through Civil Appeal No. 151 of 1993 by the respondents. Another appeal bearing No.150 of 1991 was filed against the imposition of special costs of Rs.5,000. The learned Additional District Judge. Daska after scanning the entire evidence brought on record set aside the finding of the learned trial Court and decreed the suit declaring the disputed…
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