| Case ID |
d718ceb5-c213-49aa-b754-6f9d0918a42f |
| Body |
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| Case Number |
Civil Appeal No.83 of 2011 |
| Decision Date |
Jan 08, 2015 |
| Hearing Date |
|
| Decision |
The appeal was dismissed with costs throughout. The court found that the cancellation of the power-of-attorney was invalid and therefore did not affect the third party, the pre-emptor. The ruling emphasized that the pre-emptor had no notice of the cancellation and thus could not be burdened by it. The court also pointed out that the application under section 12(2) of the Civil Procedure Code required the necessary party to be impleaded, which was not done in this case. The decision reinforced the legal principles surrounding agency and the authority of agents in real estate transactions. |
| Summary |
This case revolves around the interpretation of the Punjab Pre-emption Act, 1991, focusing on the validity of a cancellation of power-of-attorney and the implications for third parties. The Supreme Court of Pakistan ruled on the appeal of Raja Muhammad Arshad against Raja Rabnawaz, emphasizing the importance of proper notice regarding the cancellation of power-of-attorney in real estate transactions. The court found that the absence of a registered cancellation left the pre-emptor without knowledge of the change in authority, thereby upholding the original decree based on the compromise reached in the appellate court. This case highlights critical issues in property law, specifically under the Punjab Pre-emption Act, and offers insights into the procedural requirements within the Civil Procedure Code, particularly regarding the necessary parties in fraud allegations. Keywords: Punjab Pre-emption Act, power-of-attorney, agency law, Supreme Court of Pakistan, Civil Procedure Code. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JAWWAD S. KHAWAJA,
QAZI FAEZ ISA
|
| Lawyers |
Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court,
Sardar Muhammad Aslam, Advocate Supreme Court,
Syed Rafaqat Hussain, Advocate-on-Record
|
| Petitioners |
Raja MUHAMMAD ARSHAD
|
| Respondents |
Raja RABNAWAZ
|
| Citations |
2015 SLD 171,
2015 SCMR 615
|
| Other Citations |
Raza Munir and another v. Mst. Sardar Bibi and 3 others 2005 SCMR 1315,
Muhammad Ali Razi Khan v. Muhammad Ali Zaki Khan and others 2007 MLD 54
|
| Laws Involved |
Punjab Pre-emption Act, 1991,
Civil Procedure Code (V of 1908),
Contract Act (IX of 1872)
|
| Sections |
13,
12(2),
201,
208
|