| Case ID |
1aa7ea15-3355-45c3-87a5-dd722736da35 |
| Body |
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| Case Number |
Civil Revision No. 1432 of 1996 |
| Decision Date |
Jul 20, 2005 |
| Hearing Date |
Jul 20, 2005 |
| Decision |
The Lahore High Court dismissed the revision petition filed by Muhammad Yousaf Khan, the petitioner, who contested the appellate judgment that had decreed the suit in favor of Mst. Iqbal Bibi. The court found that the sale of property by the husband as attorney was not supported by sufficient evidence of the wife's consent, thus upholding the previous court's ruling. The court emphasized that the husband, as the attorney, had not provided adequate proof of authorization to sell the property, especially given the fiduciary relationship and the status of the wife as a pardahnashin lady entitled to special protection under the law. |
| Summary |
This case revolves around the legal intricacies of property transactions where the attorney's authority is questioned. Mst. Iqbal Bibi filed a suit claiming ownership of land after her husband, Atta Ullah, purportedly sold it without her consent. The Lahore High Court analyzed the provisions of the Contract Act, particularly sections 188 and 214, which govern the authority of an attorney in property sales. The court ruled that sales conducted by an attorney in favor of relatives require explicit permission from the principal. The decision emphasized the protection afforded to pardahnashin women under the law. The case highlights the importance of consent in property transactions, especially when familial relationships are involved, and the burden of proof lies with the beneficiary of the transaction. It underscores the legal principles established in previous case law regarding fiduciary duties and the necessity of corroborative evidence in such transactions. This case serves as a significant reference for future cases concerning property rights and the authority of attorneys in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUZAMMAL KHAN, J,
MUHAMMAD YOUSAF KHAN
|
| Lawyers |
Mushtaq Masood for Petitioner,
Nemo for Respondents
|
| Petitioners |
Muhammad Yousaf Khan
|
| Respondents |
Mst. Iqbal Bibi through L.Rs. and others
|
| Citations |
2005 SLD 1436,
2005 CLC 1839
|
| Other Citations |
Maqsood Ahmad and others v. Salman Ali PLD 2003 SC 31,
Jamil Akhtar and others v. Las Baba and others PLD 2003 SC 494,
Fida Muhammad v. Pir Muhammad Khan through L.Rs. and others PLD 1985 SC 341,
Haji Faqir Muhammad and others v. Pir Muhammad and others 1997 SCMR 1811,
Mst. Shumal Begum v. Mst. Gulzar Begum and 3 others 1984 SCMR 818,
Muhammad Siddique and 2 others v. Mst. Shagufta Begum alias Shugufta Rafique 1994 CLC 1690,
Hakim Khan v. Nazeer Ahmad Lughmani and 10 others 1992 SCMR 1832,
Sana Ullah and another v. Muhammad Manzoor and another PLD 1996 SC 256,
Muhammad v. Mst. Rehmon through Mst. Sharifan Bibi 1998 SCMR 1354,
Mst. Rasheeda Begum and 3 others v. Muhammad Yousaf and others 2002 SCMR 1089,
Mst. Badshah Begum v. Ghulam Rasul and 4 others PLD 1991 SC 1140,
Amirzada Khan and another v. Itbar Khan and others 2001 SCMR 609
|
| Laws Involved |
Contract Act (IX of 1872),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
188,
214,
199,
129(p)
|