| Case ID |
2cdec21a-8b12-49d4-a6c9-ed55e338ebbc |
| Body |
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| Case Number |
Civil Appeal No.284 of 1998 |
| Decision Date |
Feb 18, 1999 |
| Hearing Date |
Feb 18, 1999 |
| Decision |
The Supreme Court of Pakistan dismissed the appeal filed by Syed Humayun Zaidi and others against the judgment of the Peshawar High Court which had decreed the suit in favor of Mst. Hussain Afroza for specific performance of the agreement to sell a house. The court upheld that the power of attorney executed by the appellants in favor of Syed Babar Hussain Zaidi, allowing him to enter into the sale agreement, was valid despite the subsequent revocation. The court emphasized that the revocation of the power of attorney did not invalidate the agreement made prior to its revocation, thus reinforcing the rights of the vendee who had paid earnest money and sought specific performance. The decision underscored the principle that the donor of a power is bound by the actions of the donee as long as those actions fall within the terms of the power granted. |
| Summary |
In the case of Civil Appeal No.284 of 1998, the Supreme Court of Pakistan addressed the issue of specific performance of an agreement to sell a house, highlighting the importance of valid power of attorney. The case involved Syed Humayun Zaidi and others as appellants against Mst. Hussain Afroza, who sought the enforcement of a sale agreement. The court concluded that the revocation of the power of attorney did not nullify the agreement made prior to the revocation, as the attorney acted within his authority. The ruling emphasizes judicial discretion in granting specific performance and affirms the binding nature of agreements made under duly executed powers of attorney. The decision reinforces legal principles surrounding contractual obligations and the enforceability of agreements in the context of real estate transactions, making it a significant reference for future cases involving similar legal frameworks. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SH. IJAZ NISAR,
SH. RIAZ AHMED,
CH. MUHAMMAD ARIF
|
| Lawyers |
Abdul Samad Khan, Advocate Supreme Court for Appellants,
Abdul Sattar Khan, Advocate Supreme Court with K.G. Sabir, Advocate-on-Record for Respondent
|
| Petitioners |
Syed HUMAYUN ZAIDI and 4 others
|
| Respondents |
Mst. HUSSAIN AFROZA
|
| Citations |
1999 SLD 573,
1999 SCMR 2718
|
| Other Citations |
Ahmad Khan v. Settlement Commissioner and others 1975 SCMR 64
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
12
|