ATTA MUHAMMAD And Others vs Mst. MEHTAB BXBI And Another
This matter arises from a petition challenging concurrent findings of the lower courts regarding a disputed power-of-attorney. The core legal question was whether a power-of-attorney executed before and duly attested by the Sub-Registrar must be given conclusive effect in all circumstances. The Supreme Court held that the statutory attestation by a Sub-Registrar is rebuttable, and it must be determined from the facts of each case whether such attestation can be implicitly acted upon. The Court found that where Pardanashin ladies reposed trust in their brother for property management through a special power-of-attorney, the brother abused that trust to create a general power-of-attorney for selling the land without their knowledge or consent, rendering the Sub-Registrar's attestation inconclusive. The key principle laid down is that the evidentiary value of a Sub-Registrar's attestation of a power-of-attorney is rebuttable and open to judicial scrutiny based on surrounding circumstances.
- Whether a power-of-attorney executed before and attested by the Sub-Registrar must be given conclusive effect in all circumstances?
- Is the attestation of a power-of-attorney by a Sub-Registrar rebuttable under the law?
- Can a special power-of-attorney executed by Pardanashin ladies for management be converted into a general power-of-attorney to sell land without their knowledge and consent?
ORDER
1. NASIM HASAN SHAH, J.--The question was whether a power-of---attorney executed before the Sub-Registrar and duly attested by him must be given effect to in all the circumstances--.
2. According to the plaintiffs, who were Pardanashin ladies, they executed a special power-of- attorney in favour of their brother, At Muhammad, for proper management of the land. The aforesaid brother, however, sold the land claiming that he held a general power-of-attorney from his sisters, under which he was authorised even to sell the land. The sisters therefore, filed a suit to challenge the sale on the ground that their brother had no authority to sell their land, as they had only executed a special power-of-attorney for the management of the land. The brother, Ata Muhammad, produced a general power-of-attorney allegedly executed before the Sub-Registrar and attested by him.
3. The Courts below have held that such attestation by the Sub --Registrar is rebuttable under the law and it is always to be seen in the circumstances of each case as to whether the attestation can be implicitly acted upon. In this case, the circumstances showed that the sisters had relied upon their real brother for proper administration of their property and for that purpose they intended to give him a special power-of-attorney. He had, by abusing their trust turned it into a general power-of-attorney without their consent and knowledge. Hence, in these circumstances, the mere fact that the document in question was attested by the Sub-Registrar to be a general power-of-attorney was not conclusive. .
4. We entirely agree.
5. There is, therefore, no force in this petition which is accordingly, dismissed hereby
Cited by 1 case
- MUHAMMAD TAHIR KHAN Versus SARDARAN BIBI 1997 PLD 122