| Citation(s) |
|---|
| 2003 SLG 2447 2003 SLD 2447 2003 CLC 138 |
Lahore High Court
Civil Revision Petition No.2805-D of 1996, decision dated: 23rd May, 2002.
ABDUL SHAKOOR PARACHA, J
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Civil Revision Petition No.2805-D of 1996, decision dated: 23rd May, 2002.
ABDUL SHAKOOR PARACHA, J
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SANA ULLAH and 17 others
VS
MUHAMMAD RAFIQ and 10 others
Law:
Section:
(a) Contract Act (IX of 1872)-------S. 188---Authority of attorney---Extent---If power of attorney is given for various purposes, governing object of which being power to sell, all other purposes must be read as ancillary to such governing object. U. P. Government in Nazul Department, Lucknow v. Church Missionary Trust Association Ltd., London and Allahabad AIR 1948 Oudh 54 ref. (b) Contract Act (IX of 1872)--- ----Ss. 188 & 196---Ratification of agreement by attorney---Statement of counsel appointed by general attorney---Agreement to sell was executed by one of the co-owners on his behalf as well as on behalf of the other co-owners without any authority---Subsequent to execution of the agreement, the other co-owners appointed the executant of the agreement, as their general power of attorney regarding the property in question-- Suit was filed against the owners of the property and the "counsel appointed by the general attorney made statement before the Court of execution of sale-deed in terms of the agreement---Validity---Other co-owners though were not party to the contract but the statement made by their counsel could be construed a ratification of agreement to sell on their behalf---Agreement executed by one of the co-owners was ratified- in circumstances. (c) Contract Act (IX of 1872)--- ----S. 197---Implied ratification---Silence of principal---Effect---In the case of-agent exceeding his authority, ratification may be implied from mere silence or acquiescence of the principal. Ramasamy Chetty v. Karuppan Chetty and others AIR 1916 Mad. 1133 and Bank of Montreal v. Dominion Gresham. Guarantee and Casualty Co. AIR 1930 PC 278 ref. (d) Contract Act (IX of 1872)--- ----Ss. 196 & 197---Ratification of contract-Binding adoption--Necessary ingredients. To constitute a binding adoption of prior unauthorized acts, the following conditions must exist:-- (i) Acts must have been done for and in the name of supposed principal and (ii) there must be a full knowledge of what those acts were, or such an unqualified adoption that the inference may properly be drawn that the principal intended to take upon himself the responsibility for such act, whatever they…
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