| Case ID |
453a2665-701f-4fce-b210-69176ddfdbed |
| Body |
View case body. Login to View |
| Case Number |
C.A. No. 981 of 2017 |
| Decision Date |
Sep 18, 2018 |
| Hearing Date |
Sep 18, 2018 |
| Decision |
The Supreme Court of Pakistan allowed the appeal filed by the Appellant, MRS. LATIFA, against the consolidated judgment of the High Court of Sindh dated 12.05.2017. The Court found that the Respondents failed to prove an oral agreement for the sale of the property in question. It was determined that the Special Power of Attorney granted to Mst. Sakina did not confer any authority to sell the property, as it was strictly limited to renting out the property and receiving rent. The Court emphasized that evidence related to an oral agreement must be substantiated by clear details, which the Respondents failed to provide. Consequently, the earlier judgment of the High Court was set aside, and the original decree in favor of the Appellant was upheld. The Court also imposed costs on the Respondents for engaging in frivolous litigation. |
| Summary |
The case revolves around the interpretation of a Special Power of Attorney executed by the Appellant in favor of her sister, Mst. Sakina, and whether it conferred the authority to sell a property. The Supreme Court emphasized the necessity of strict adherence to the terms of the Power of Attorney, stating that no implied powers exist beyond what is explicitly granted. The Court found that the Respondents could not substantiate their claims of an oral agreement for sale due to lack of evidence regarding the specifics of the agreement, such as date, time, and witnesses. As a result, the appeal was allowed, reaffirming the original judgment in favor of the Appellant. The decision underscores the importance of clear and documented agreements in property transactions, particularly those involving powers of attorney. Key terms include 'Power of Attorney', 'oral agreement', 'property law', and 'legal proceedings'. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAQIB NISAR,
UMAR ATA BANDIAL,
IJAZ-UL-AHSAN,
MOIZ ABBAS
|
| Lawyers |
Sh. Zamir Hussain, ASC,
Syed Rafaqat H. Shah, AOR,
Mr. Abdul Qadir Khan, ASC
|
| Petitioners |
MRS. LATIFA
|
| Respondents |
Not available
|
| Citations |
2019 SLD 96,
2019 PLJ 29
|
| Other Citations |
PLD 1976 SC 469,
PLD 2014 SC 331
|
| Laws Involved |
Specific Relief Act, 1877
|
| Sections |
42
|