MUHAMMAD ASHRAF MALIK vs Mian MUHAMMAD NAWAZ SHARIF S — 2022 YLR 2399 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 2399 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: MUHAMMAD ASHRAF MALIK vs Mian MUHAMMAD NAWAZ SHARIF S
Subject matter: Civil
Provisions referred to: S. 17---P; S. 17---S

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

MUHAMMAD ASHRAF MALIK VS Mian MUHAMMAD NAWAZ SHARIF S. 17---Power of attorney was a written authorization by virtue of which the principal would assign to a person as his agent and confer upon him the authority to perform specified acts on his behalf---Primary purpose/object of such an agency is that the agent has to act in the name of his principal and the principal also purported to ratify all the acts/deeds of his agent done by him under the authority conferred through the instrument---Such document has to be compulsorily registered. S. 17---Suit for specific performance was filed by the appellant alleging that he purchased the land owned by the respondent through other respondent being the attorney/agent of respondent; that the appellant had paid amount of Rs.75,000,000/-to respondent through crossed cheques; that possession was delivered to the appellant but the sale deed was not executed in his favour---Ex parte proceedings were initiated by the Trial Court and the petitioner's suit was concurrently dismissed---Validity---Record showed that neither the details of the power of attorney issued by one respondent to another were given in the plaint/agreement to sell, nor the same was made available to the original Court so that it could examine the same---No explanation was made for such omission---Power of attorney was a compulsorily registerable document but the perusal of the exhibited document indicated that the same was not registered---Plaintiff had failed to establish the privity of respondent with the agreement---Appeal was dismissed accordingly.

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