Syed ATIF RAZA SHAH vs Syed FIDA HUSSAIN SHAH Ss — 2022 SCMR 1262 SUPREME-COURT

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Syed ATIF RAZA SHAH VS Syed FIDA HUSSAIN SHAH Ss. 182 & 215---Power of attorney---Principal-agent relationship---Duties of an agent---Scope---agent dealing on his own account without principal's consent and without acquainting him with all material circumstances---Right of principal to repudiate such transaction explained. Head NotesCase Description Citation Name: 2022 SCMR 1262 SUPREME-COURTBookmark this Case Syed ATIF RAZA SHAH VS Syed FIDA HUSSAIN SHAH Ss. 182 & 215---Power of attorney---Principal-agent relationship---Dishonest concealment of material facts by agent---Conflict of interest---Misconduct and misuse of authority by the agent---In the present case, the agent by exercising the authority conferred upon him, had transferred the property in question by way of a purported gift deed, in the name of his son (the petitioner), without first disclosing all the material facts and getting permission or consent of the principal---Mutation of the property was effected in the name of the petitioner on 4.9.2012, whereas, the principal had revoked the power of attorney on 5.9.2012, which shows that the principal was no more willing for the agent to continue as his agent---No evidence was available to prove that before entering into the transaction, the agent ever informed the principal in this behalf---Since there was dishonest concealment of material facts, therefore, it resulted into a conflict of interest, as such, the dealing was disadvantageous to the right and interest of the principal---Under such circumstances, the transfer of the property by the agent in the name of his son was a classic example of misconduct and misuse of authority by an agent---Transaction in respect of the plot in question effected between the agent and his son (the petitioner) had rightly been repudiated at the request of the principal---Petition for leave to appeal was dismissed and leave was refused. Head NotesCase Description

Syed ATIF RAZA SHAH vs Syed FIDA HUSSAIN SHAH Ss — 2022 SCMR 1262 SUPREME-COURT

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