PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

YAR MUHAMMAD KHAN vs SAJJAD ABBAS S — 2021 SCMR 1401 SUPREME-COURT

Case information

Citation
2021 SCMR 1401 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
YAR MUHAMMAD KHAN vs SAJJAD ABBAS S
Subject matter
Civil
Provisions referred to
S. 6---C; S. 11---P; Contract Act (IX of 1872)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

YAR MUHAMMAD KHAN VS SAJJAD ABBAS S. 6---Contract Act (IX of 1872), S. 11---Persons competent to contract---Minors---General power of attorney purportedly executed by persons who were minors at the time of its execution---Property belonging to minors sold by attorney on basis of such Power of Attorney---Whether law of limitation applied for challenging the sale of property---Held, that General Power of Attorney and the sale deed to the extent of the minors/plaintiffs were ab initio null and void---However a challenge to such sale deed could not be postponed indefinitely and must be made within a reasonable period when the minors on becoming major acquired knowledge of the sale---Record of the present case did not establish whether the plaintiffs, who now had attained majority, had prior knowledge of the sale---Suit was filed a little over three years and seven months after one of the plaintiffs had attained majority, therefore date of filing of the suit may be construed to be within a reasonable period of said plaintiff attaining majority---Appeal was partly allowed.

Other judgments reported in 2021 SCMR

Back to the case-law library · Search Pakistani case law in Urdu or English