| Case ID |
19eb819d-5a42-4f80-81dc-97eaff364297 |
| Body |
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| Case Number |
Civil Appeal No. 221 of 2018 |
| Decision Date |
Sep 15, 2021 |
| Hearing Date |
Sep 15, 2021 |
| Decision |
The Supreme Court dismissed the appeal, concluding that the purported sale of land by Ghulam Rasool, acting as an attorney for Mst. Channan Jan, was unauthorized and therefore legally ineffective. The court found that the power of attorney had been revoked prior to the attempted sale, and that the appellants failed to establish a valid agreement for the sale of the property. The court emphasized the necessity for clear evidence of consent and knowledge on the part of the principal when an attorney attempts to sell property. The ruling reinforced the principle that an attorney cannot act in their own interest without explicit consent from the principal. |
| Summary |
This case revolves around the legal complexities surrounding the sale of immovable property under a power of attorney. Mst. Channan Jan, an illiterate and elderly lady, had appointed Ghulam Rasool as her attorney to manage her land affairs. However, Rasool transferred the property to his sons without her consent, claiming he had a valid agreement with her. The Supreme Court of Pakistan ruled that the sale was invalid due to the lack of authority vested in Rasool, who failed to demonstrate that Channan Jan was aware of the implications of the power of attorney and had given her informed consent for the sale. The court dismissed the appeal, emphasizing the importance of adhering to legal standards for property transactions and the necessity for attorneys to act within the limits of their authority. The ruling also highlighted the legal protections for vulnerable individuals in property transactions, ensuring that any transfer of property is conducted transparently and with full disclosure of rights and obligations. This case serves as a critical reference point in legal discussions surrounding agency and property rights, particularly in contexts involving illiterate or vulnerable individuals. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MAQBOOL BAQAR,
MUNIB AKHTAR,
QAZI MUHAMMAD AMIN AHMED
|
| Lawyers |
Moulvi Anwar-ul-Haq,
Anwar Mobin Ansari
|
| Petitioners |
HAQ NAWAZ,
Others
|
| Respondents |
Others,
BANARAS
|
| Citations |
2022 SLD 1162,
2022 SCMR 1068
|
| Other Citations |
Not available
|
| Laws Involved |
Contract Act, 1872,
Specific Relief Act, 1877
|
| Sections |
215,
12
|