AMNA RANI and others vs ASHFAQ AHMAD and others
This civil petition arose from a suit filed by the respondents challenging a registered sale-deed executed by petitioner No. 2 (acting as a general power of attorney holder for his deceased mother, Mst. Sakina Bibi) in favour of his wife, petitioner No. 1. The trial court dismissed the suit, but the First Appellate Court reversed the decision and decreed the suit, which was subsequently upheld by the Lahore High Court in revision. The Supreme Court of Pakistan considered whether the general power of attorney and the subsequent sale-deed were legally proved and valid. The Court dismissed the petition and refused leave to appeal, holding that the concurrent findings of fact by the lower courts correctly established that the execution of the power of attorney and the sale-deed were not proved in accordance with law. The Court laid down the principle that an agent or attorney cannot sell the principal's property to his own spouse without obtaining explicit permission from the principal.
- Can an attorney-in-fact validly sell the principal's property to his own spouse without obtaining explicit permission from the principal?
- Whether concurrent findings of fact by the lower courts regarding the non-proof of a power of attorney can be interfered with in the absence of misreading or non-reading of evidence?
- Is a sale-deed executed by an agent in favour of his wife valid if the due execution of the underlying power of attorney is not proved in accordance with law?
ORDER
' FAQIR MUHAMMAD KHOKHAR, J.--- The respondents instituted a suit against the petitioners claiming therein that their predecessor-in-interest late Mst. Sakina Bibi was owner of the suit-land measuring 1 Kanal and 6 Sarsais. Consequent upon her death the same was inherited by them along with other legal heirs. It was further averred that the registered sale-deed dated 8-6-1999 purportedly executed by the petitioner No,2 in favour of his wife the petitioner No,1 on the strength of a general power of attorney dated 28-5-1999 was invalid, fictitious and ineffective qua their rights. The suit was dismissed by the Civil V Judge, Faisalabad vide judgment, dated 14-7-2005.
However, their appeal was allowed by the Additional District Judge, Faisalabad vide judgment, dated 28-6-2006 and the suit was decreed. The Civil Revision No,1700 of 2006 of the petitioners was dismissed by a learned Single Judge of the Lahore High Court, Lahore vide impugned judgment dated 5-9-2006.
2. The learned counsel submitted that the execution of power of attorney of late Mst. Sakina Bibi in favour of her son, the petitioner No,2 and the sale-deed dated 8-6-1999 were not specifically denied. Therefore, the same stood proved.
3. We have heard the learned counsel at length and have also perused the available record. We find that the High Court as well as the First Appellate Court have recorded concurrent findings of fact in coming to the conclusion that the due execution of the general power of attorney as well as the registered sale-deed by petitioner No,2 in favour of his wife, the petitioner No,1, were not proved in accordance with law. No misreading or non-reading of evidence was pointed out. Moreover, there was nothing on record to show that the petitioner No,2 being general attorney had obtained any permission from the principal, late Mst. Sakina Bibi for the purpose of sale of the suit-land in favour of his wife, the petitioner No,
1. In our view, the impugned judgment is plainly correct to which no exception can be taken.
4. For the foregoing reasons, we do not find any merit in this petition which is dismissed and leave to appeal is refused accordingly.
Cited by 7 cases
- Bashir Ahmed (deceased) through his L.Rs., etc vs Nazir Ahmad, etc 2024 SCP 275, 2024 SCMR 1984, 2024 PLJ SC 845
- Muhammad Umar (DECEASED) through Legal Heirs vs Sikandar Ali and 2 2023 CLC 284
- Muhammad Afzal and others vs Shahid Iqbal and 8 others 2023 CLC 471
- Chaudhry MANZOOR AHMED through Legal Representatives and another vs FAISAL MANZOOR and 5 others 2016 YLR 671
- Mst. BUDHAI Versus GHULAM MUSTAFA 2016 PLD 287
- Choudhry Manzoor Ahmed & another vs Faisal Manzoor
- Mst. Khawar Kifayat alias Khawar Saeed vs Chaudhary Muhammad Faisal 2025 SHC 374