Mst. SHAMIM BEGUM vs MAQBOOL HUSSAIN and others
This matter arises from petitions assailing the judgment and decree dated 14th December 1999 passed by the Lahore High Court, Multan Bench, in Civil Revision No. 322-D of 1998. The Supreme Court of Pakistan heard the learned counsel for the parties and granted leave to appeal to examine several core legal questions. These include whether a power of attorney executed in favour of the husband of one of the contesting parties was validly executed while inheritance disputes were sub judice, whether an agreement to sell property to the attorney's own wife based on that power of attorney was legal, and whether any valid right accrued under such an agreement. The Court also sought to examine the correct appreciation of evidence, the application of section 22 of the Specific Relief Act 1877, the rights of respondents upon the dismissal of the revision petition, the possibility of the deceased having no legal heirs, and whether the estate would escheat to and vest in the Provincial Government under Article 172 of the Constitution of Pakistan 1973. Notice was additionally issued to the Advocate-General (Punjab) under Order 27-A Rule 1 of the Code of Civil Procedure 1908.
- Whether a power of attorney executed in favour of a husband by a step-mother while inheritance proceedings are sub judice and the husband's wife is a contesting party is valid?
- Whether an attorney can legally enter into an agreement to sell property of the principal in favour of the attorney's own wife?
- Whether the High Court rightly applied the provisions of section 22 of the Specific Relief Act?
- Whether the estate of a deceased person with no legal heirs escheats to and vests in the Provincial Government under Article 172 of the Constitution of Pakistan 1973?
- Section 22, Specific Relief Act 1877
- Article 172, Constitution of Pakistan 1973
- Order 27-A Rule 1, Code of Civil Procedure 1908
ORDER
1. ' IFTIKHAR MUHAMMAD CHAUDHRY, J.---In above petitions filed by both the parties, respectively, judgment/decree, dated 14th December, 1999 passed by Lahore High Court, Multan Bench, Multan in Civil Revision No,322-D of 1998 has been assailed.
2. After hearing learned counsel for the parties, we are inclined to grant leave to appeal inter alia to examine the following questions:--
(i) Whether the power of attorney Exh.P.1 executed by Mst. Chhawan (step-mother of petitioner Mst.
2. Shamim Begum) in favour of Amir Hussain Shah (husband of petitioner-Shamim Begum) was validly executed in view of the fact that at the time when power of attorney was executed the dispute relating to Mst. Chhawan's inheritance in the estate of her late husband Mehboob Ali Shah was subjudice and petitioner Mst. Shamim Begum was one of the contesting Party?
(ii) Whether in pursuance of Exh.P.1 (power of attorney) Amir Hussain Shah legally entered into an agreement dated 11-4-1981 to sell the property of Mst. Chhawan in favour of his own wife?
(iii) Whether on the basis of agreement dated 11-4-1981 any valid right has accrued to petitioner Mst. Shamim Begum for the transfer of property on her name or otherwise?
(iv) Whether the impugned judgment is based on correct appreciation of evidence available on record?
(v) Whether learned High Court has rightly pressed into service the provision of section 22 of the Specific Relief Act?
(vi) Whether the observation of the learned High Court that dismissal of revision petition filed by Mst. Shamim Begum would not confer any right to respondent on the property in dispute?
(vii) Whether the assertion of the learned High Court that there is though strong possibility apparent from the record that Mst. Chhawan had no legal heir at the time of her death supported by any evidence, if so, to what effect?
3. (viii)Whether the learned High Court was right in holding that under the circumstances, this might will be a case in which her estate will escheat to and vest in the Provincial Government under Article 172 of the Constitution?
4. ' Notice be also issued to Advocate-General (Punjab), according to the provision of Order 27-A, rule 1, C.P.C., to assist the Court relating to the interpretation of Article 172 of the Constitution.