| Case ID |
15432c27-5957-4041-8044-536dba1e4821 |
| Body |
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| Case Number |
Civil Revision No.423-D of 1995 |
| Decision Date |
Dec 13, 2010 |
| Hearing Date |
Dec 13, 2010 |
| Decision |
The Lahore High Court restored the judgment of the Trial Court, confirming that both the principal and his agent are jointly liable to transfer property in lieu of the land which had been cancelled from the name of the principal, Ghulam Muhammad. The Court emphasized that the agent's undertaking to compensate the petitioner personally creates a binding obligation, which cannot be escaped by the agent's death during the pendency of the suit. The legal heirs of the deceased agent remain liable for the obligations incurred during his lifetime, particularly when the agent had expressly guaranteed to compensate the petitioner in case of a defective title. |
| Summary |
This case involves a dispute regarding the liability of an agent and his principal under the Contract Act of 1872. The petitioner, Mst. Ameer Begum, claimed to have purchased land through a sale deed, but the title was disputed, leading to her seeking a declaration against the principal, Ghulam Muhammad, and his attorney, Abdul Razaq. The Lahore High Court examined the nature of the agency agreement and the liability of the surety in cases where the agent provided personal guarantees. The Court ruled that the agent's personal liability persists even after his death, ensuring that the petitioner's rights are protected. This case highlights important aspects of agency law and the obligations arising from contracts, making it a significant reference for future cases involving similar issues of agency and liability. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD KHALID MAHMOOD KHAN, J
|
| Lawyers |
Sh. Ghaias ul Haq,
Malik Ghulam Murtaza,
Ch. Muhammad Iqbal Ghazi
|
| Petitioners |
Mst. AMEER BEGUM through Special Attorney and others
|
| Respondents |
ABID HUSSAIN (MINOR) and others
|
| Citations |
2011 SLD 471,
2011 PLD 284
|
| Other Citations |
1999 YLR 981,
1981 SCMR 993,
1980 SCMR 314,
PLD 2009 Karachi 169,
2009 CLC 1289
|
| Laws Involved |
Contract Act, 1872,
Civil Procedure Code (V of 1908)
|
| Sections |
128,
131,
182,
188,
126,
III, Rule 2
|