| Case ID |
ec577a33-a427-416c-a5cb-2b64fbf2f4ee |
| Body |
View case body. Login to View |
| Case Number |
Regular Second Appeal No. 190 of 1988 |
| Decision Date |
Jul 07, 2005 |
| Hearing Date |
Jul 07, 2005 |
| Decision |
The Lahore High Court dismissed the appeal, affirming the decisions of the lower courts. The case involved a dispute over an agreement to sell property executed by Dr. Abdus Sattar, the general attorney of Mst. Rashida Khanum, in favor of his sons from his first wife. The court found that the agreement was executed without the concurrence of the principal, Mst. Rashida Khanum, who had previously dedicated the property as Waqf. The court emphasized that the absence of a registered sale deed and the lack of evidence supporting the authenticity of the agreement undermined the appellants' claims. The ruling reinforced the principle that an attorney cannot transfer property to themselves or their close relatives without explicit permission from the principal. The courts upheld that the plaintiffs were not entitled to specific performance of the agreement, leading to the dismissal of the appeal. |
| Summary |
This case revolves around the execution of an agreement to sell property and the subsequent legal implications following the death of the property owner, Mst. Rashida Khanum. The Lahore High Court examined the validity of the agreement made by her husband, Dr. Abdus Sattar, acting as her general attorney. The court determined that the agreement was executed without the necessary consent from the principal, leading to its invalidation, especially in light of a prior Waqf deed. The decision highlighted the importance of proper legal procedures in property transactions, especially those involving family members. The ruling emphasized that agreements lacking registration and proper consent from the principal do not hold legal weight, thus protecting the rights of other parties involved, such as the donee of the Waqf property. This case serves as a crucial reference for legal practitioners dealing with property law and agreements made under power of attorney, underscoring the need for transparency and adherence to legal formalities. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD MUZAMMAL KHAN, J
|
| Lawyers |
Masud Akhtar Sheikh for Appellants,
Qamar Riaz Hussain Basra for Respondents
|
| Petitioners |
2 others,
MOEEN AKHTAR
|
| Respondents |
Dr. ABDUS SATTAR through Legal Heirs
|
| Citations |
2006 SLD 1933 = 2006 CLC 79
|
| 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 another 1997 SCMR 1811,
Mst. Shumal Begum v. Mst. Gulzar Begum and 3 others 1994 SCMR 818,
Muhammad Siddique and 2 others v. Mst. Shagufta Begum alias Shagufta Rafique 1994 CLC 1690,
Haji Muhammad Din v. Malik Muhammad Abdullah PLD 1994 SC 291,
Mst. Kaniz Fatima through L.Rs. v. Muhammad Salim and 27 others 2001 SCMR 1493,
Abdul Hakeem v. Habib Ullah and 11 others 1997 SCMR 1139,
Muhammad Sain v. Muhammad Din 1996 SCMR 1918,
Lutufur Rehman and others v. Zahoor and others PLJ 1999 SC 204
|
| Laws Involved |
Specific Relief Act (I of 1877),
Contract Act (IX of 1872),
Qanun-e-Shahadat (10 of 1984),
Registration Act (XVI of 1908),
Civil Procedure Code (V of 1908)
|
| Sections |
12,
188,
214,
79,
117,
18,
47,
O.XV, R.1
|