AKHTAR GUL (Deceased) vs MUHAMMAD ASHIQ S — 2025 CLC 670 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2025 CLC 670 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2025
Reporter: CLC
Parties: AKHTAR GUL (Deceased) vs MUHAMMAD ASHIQ S
Subject matter: Civil
Provisions referred to: S. 12---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

AKHTAR GUL (Deceased) VS MUHAMMAD ASHIQ S. 12---Suit for specific performance---Cancellation of general power of attorney, non-assailing of---Effect---Original owner (predecessor-in-interest of petitioners) executed general power of attorney to sell suit-property---Stance of predecessor was that attorney being real estate agent assured that he would sell the suit-property at a better rate in presence of principal (owner) but on his betrayal/misusing the general attorney, it was cancelled after three months of its execution, thus, any agreement by the agent/attorney to alleged buyers was not binding on him(owner)---Suit for specific performance by alleged buyers was concurrently decreed---Contention of the respondent (attorney) was that as the power of attorney was coupled with agreement to sell, so it became irrevocable---Validity---Record revealed that regarding said contention, neither any claim was made by either of the respondents (attorney and alleged buyers) in their respective plaints nor they had called in question the validity of the deed of cancellation resulting into cancellation of general power of attorney---Even otherwise, the very agreement-to-sell was not proved, thus, assertion (that the general attorney was irrevocable) was precluded---High Court set-aside impugned judgments and decrees passed by both the Courts below; consequently, suits instituted by the respondents stood dismissed---Revision filed by successors-in-interest of original owner of the suit-property was allowed, in circumstances.

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